Master Terms & Conditions for all One Server Hosting customers and for all users of One Server Hosting websites. This Master Terms & Conditions Agreement (the “Master Agreement”) is applicable to customers and users (“You”) of One Server Hosting and all other One Server Hosting affiliated entities (“One Server Hosting”). One Server Hosting is a Washington corporation. Its address is: 12842 Interurban Ave S, Seattle, WA 98168.
This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service or website provided by One Server Hosting. If You do not agree to be bound by the terms and conditions in this Master Agreement, do not use or access One Server Hosting’s site or services. One Server Hosting provides its services subject to Your compliance with the terms and conditions herein.
If You have a separate signed contract with One Server Hosting for specific services, that contract will be controlling over and supercede any inconsistent language in this Master Agreement.
This Master Agreement may be modified or terminated by One Server Hosting at any time, without prior notification to You unless a separate agreement exists between You and One Server Hosting which requires advance notification or approval of such changes. You agree to abide by the terms & conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Your continued use of the services provided by One Server Hosting following One Server Hosting’s posting of any changes to this Master Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use One Server Hosting services or this site. Failure to abide by these terms & conditions may, at One Server Hosting’s option, result in the termination of any or all services One Server Hosting is providing to You.
You consent to receive communications from One Server Hosting by electronic mail. One Server Hosting’s notification email address, which must be used in any official communication with One Server Hosting, is notifications@oneserverhosting.com. It is Your responsibility to ensure that One Server Hosting has a valid email address for You on file. One Server Hosting’s inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will waive One Server Hosting’s obligation to attempt to contact You.
If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms & conditions and shall not affect the validity and enforceability of any remaining provisions.
You may not enter into this Master Agreement (and thus may not use the services provided by One Server Hosting) if You are less than 18 years old.
You acknowledge that One Server Hosting may attempt to assist You by phone or email with a variety of technical issues but that You are solely responsible for Your equipment and internal network and for the cost of any consultants or vendors You engage to assist You with any issues You may have with regard to Your internet services from One Server Hosting.
YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO BACK UP ALL DATA AND CODE ON YOUR SERVERS AND WEBSITES. You agree that One Server Hosting has no responsibility to cache or maintain email or USENET news postings sent either to or from Your account. You agree that if You use a One Server Hosting spam and/or virus filtering service that (a) You release One Server Hosting from any obligation to cache or maintain such email, any responsibility for errors or omissions introduced when One Server Hosting’s services alter or delete such email, and/or any obligation to deliver such email either to or from Your account, and (b) You understand that such services are not perfect and that the use of such services or software will reduce, but not eliminate, spam and/or virus infected email You may receive.
One Server Hosting has the right, but not the obligation, to monitor any activity and content associated with its sites or services. One Server Hosting may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
One Server Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials and regulatory agencies. In order to cooperate with governmental requests, to protect One Server Hosting’s systems and customers, or to ensure the integrity and operation of One Server Hosting’s business and systems, One Server Hosting may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by One Server Hosting.
ONE SERVER HOSTING PROVIDES ITS WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ONE SERVER HOSTING FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. ONE SERVER HOSTING FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
If in connection with your allegedly illegal activities, law enforcement officials seize a server in a One Server Hosting data center that your website is running on, you agree you are liable for all damages suffered by One Server Hosting and other customers affected as a result of such seizure, and you agree that One Server Hosting shall have no liability to you as a result of that seizure.
IN NO EVENT SHALL ONE SERVER HOSTING BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ONE SERVER HOSTING’S SITE, SERVICES OR THIS AGREEMENT. ONE SERVER HOSTING’S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
You agree that the location for any litigation arising out of this Master Agreement or Your use of One Server Hosting services will be in King County, Washington and You agree to waive all rights to request or enforce a change of such location (venue). You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive its reasonable attorney’s fees and court costs from the other party.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by One Server Hosting, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings (“spam”), or any material designed to discover and/or breach the security systems of One Server Hosting or any third party (“hacking”), or any content known to contain a software virus or Trojan horse (“infected material”), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America (“illegal content”). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content You transmit to or through the One Server Hosting system (“spoofing”). Standard network techniques such as network address translation or e-mail proxies are not considered “spoofing.” You agree not to knowingly attempt to cancel, supercede or otherwise interfere with email or Usenet posts other than those You originate (“cancel bots”). You agree not to use any third party site or service to promote a One Server Hosting site or service in an abusive manner (“hostile redirection”). You agree not to place or store material on One Server Hosting sites or services that infringe a third party’s copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets.
One Server Hosting reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of One Server Hosting’s Network Abuse Policies.
You acknowledge One Server Hosting’s right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the One Server Hosting system. You grant One Server Hosting power of attorney to take all legal and technical steps to prevent the transmission of any and all email to or through any One Server Hosting equipment or server that One Server Hosting determines, in One Server Hosting’s sole discretion, to be undesirable in any way and for any reason, including, without limitation, blacklisting, unsubscribing, opting out, and/or initiating legal actions against the senders of such email.
Per the Digital Millennium Copyright Act, One Server Hosting is registered with the United States Patent and Trademark Office as an online service provider. One Server Hosting’s designated agent for notification of infringements is Stephen Milton. Mr. Milton can be contacted through a Copyright Infringement notice or via milton@oneserverhosting.com. As such, One Server Hosting will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, One Server Hosting will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, One Server Hosting will re-instate access to the alleged infringing materials.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the Internet or to any network attached to the Internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of One Server Hosting’s sites and services, and that of third parties connected to One Server Hosting’s networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
You understand and agree that the internet contains unedited materials, some of which are sexually explicit or may be offensive. You access such materials at Your own risk. One Server Hosting has no control over and accepts no liability or responsibility whatsoever for such materials.
One Server Hosting’s websites contain links to other external websites that may be useful to You. One Server Hosting is not responsible for the privacy practices or the content of these external websites.
One Server Hosting will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes long distance charges incurred by calling a long distance phone number to receive customer support or to connect to One Server Hosting sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any One Server Hosting site or service to any third party without first entering into a Reseller Agreement with One Server Hosting.
If You purchase services from One Server Hosting in one to three month increments, no pro-ration of Your prepaid fees will be made in the event of cancellation or termination of service. If You purchase services from One Server Hosting in an increment longer than three months, in the event of termination or cancellation, and absent a contrary provision in Your service contract, You will be responsible for 100% of the balance of the remaining payments under Your service contract as of the date of Your cancellation or termination. If You purchase services from One Server Hosting which included a rebate or a discount for length of contract and Your service is cancelled or terminated prior to the end of that period, the discount will be revoked and You will be billed for and will be responsible for immediately paying the difference. One Server Hosting reserves the right to reduce any refund by offsetting expenses One Server Hosting may have occurred as a result of damages You or Your equipment may have caused. All equipment owned by One Server Hosting must be promptly returned to One Server Hosting when Your service ends.
All termination or cancellation notices from You must be sent to cancellations@oneserverhosting.com, and please check Your next billing to be sure Your cancellation email was received and processed.
You agree to pay when due for the valid charges for One Server Hosting services and agree that such timely payment is an essential condition for One Server Hosting services. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to One Server Hosting within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. One Server Hosting reserves the right to bill You for any item that has not been billed to You and should have been.
For all payments received more than 10 days after the Billing Date One Server Hosting reserves the right to assess a late fee equal to 1.5% of the amount due.
You agree to pay for any expenses incurred by One Server Hosting with a third party vendor because of erroneous personal information You have provided to One Server Hosting.
If a One Server Hosting technician is dispatched at Your request to Your physical location, You will be billed for the visit at One Server Hosting’s standard rate; however, if One Server Hosting determines that the problem was not due to matters You are responsible for, then One Server Hosting will normally waive the charges. If a technician from a circuit service partner of One Server Hosting is dispatched to Your business location, You will be billed for the visit at the same amount, if any, that One Server Hosting is billed by the 3rd party service partner for the service call. You will be credited back for some or all of the service call charges if the service partner agrees the problem was not Your responsibility and credits One Server Hosting back.
You agree not to make an offer of employment to any One Server Hosting employee. You agree not to offer any One Server Hosting employee a commission, gratuity or any other emolument for or in connection with the performance of that employee’s duties.
Except as otherwise set forth in Your Internet Service Agreement or Order, Your One Server Hosting services are exclusive of all other telecommunications services (the “Telco”) which may be required to establish connection for You to One Server Hosting, and all such costs and the associated terms and conditions required by the Telco to perform such services shall be directly between You and any Telco provider.
There is a Regulatory Cost Recovery Charge for some of the services offered by One Server Hosting. When applicable, this charge helps defray the costs of various regulatory, vendor and governmental charges in connection with providing the Services. These charges may include various state or local taxes, TSF fees, governmental Internet access fees, network telephone service fees, and other third party charges and fees, but does not include federal Universal Service Fund charges when applicable. For Service locations in Washington State the recovery charge is 12%; for Service locations outside of Washington State the recovery charge is 5%.
You specifically waive Your right to sue or ability to assign Your rights for any losses. If You and One Server Hosting enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this clause.
If One Server Hosting’s direct out-of-pocket circuit costs for Customer increase more than 50%, One Server Hosting may request price renegotiation, and if not mutually agreeable then One Server Hosting may give a 30-day notice to cancel Your service.
One Server Hosting provides Internet services on the basis of reasonable availability. It may, without notice, disconnect all or part of its network from external internet connections for maintenance, equipment replacement, or for network security. You agree that One Server Hosting’s failure to maintain uninterrupted or continuous connection to the internet at any rate of transmission including total service outage is not cause for termination of any service agreement You may have entered into with One Server Hosting, nor is it cause for reimbursement of any damages or harm that may be caused by such interruptions. You agree that You understand that the nature of the internet and the TCP/IP network protocol used by internet services defines no specific quality of service, and that packets transmitted to or from One Server Hosting and/or to or from the internet may be lost in transmission, misrouted by One Server Hosting equipment or the equipment of third parties, or delayed by network latency.
Time is of the essence with regard to all terms and conditions in this Master Agreement.
Because of credit and other constraints, You may not transfer or assign any contract with One Server Hosting without the prior written consent of One Server Hosting.
One Server Hosting will invoice You for any governmental taxes or fees it believes are applicable to Your services. If You fail to pay any such taxes/fees that are properly billed to You, You are solely responsible for payment of any such taxes/fees and penalties or interest.
The language of this Master Agreement is protected by a federal copyright, and the trademark One Server Hosting is protected by both state and federal trademark registrations. Unauthorized duplication of language in this Master Agreement and unauthorized use of One Server Hosting’s trademark is a violation of federal laws.
The One Server Hosting Privacy Policy is part of this Master Agreement.
If You have questions or concerns about our terms & conditions, please send an e-mail to notifications@oneserverhosting.com.
You must give One Server Hosting notice of any such service interruption or claim for service credits within 30 days of the event related to the claim. Absent other contract language, issuance of service credits is at the discretion of One Server Hosting.
If One Server Hosting registers a domain name for You, You agree that One Server Hosting will do so with the understanding that One Server Hosting is not responsible for the ownership, control, or use of the domain name. In addition to fees required by One Server Hosting to perform such domain registration services, You will be also responsible for all fees of the certified registrar for its domain name services. You agree to comply with the rules and procedures of the applicable domain name registries, registrars or other authorities. You represent that neither the registration nor the use of its domain name will infringe on the rights of third parties.
You agree to the “Registration Agreement” set out on oneserverhosting.com and agree that any domain name dispute will be resolved in accordance with ICANN’s Uniform Domain Name Dispute Resolution Policy.
In the normal course of providing your telephone service, One Server Hosting maintains certain information about your account. This information, when matched to your name, address and calling or originating billing telephone number, is known as your customer specific “Customer Proprietary Network information,” or CPNI for short. Examples include the type of line you have, service features like Touch tone and Caller ID, class of service, telephone charges, long-distance and local service billing records, directory assistance charges, and historical call records and patterns. CPNI does not include things like customer name, address, or telephone number; aggregate information or data that is not specific to a single customer; customer premises equipment; and Internet access service. Under federal law, One Server Hosting has a duty to protect your CPNI from unauthorized access or disclosure.
Currently, One Server Hosting does not utilize CPNI to market additional services, nor do we sell customer information to any third party. However, the Federal Communications Commission has adopted rules stating that One Server Hosting may not use your CPNI to market certain telecommunications related services or features to you if you have requested that the CPNI be considered “restricted/opt-out” for this purpose. If you wish to have your CPNI “restricted/opt-out,” call the One Server Hosting office at 1-866-485-0522 during our normal business hours. Tell us that you wish to restrict our use of your customer information. The restriction will remain in effect until you notify us otherwise. Please note that restricting your CPNI will not eliminate all of our marketing contacts with you. You could still receive marketing contacts from us that are not based on your CPNI. Also, we are permitted to use your CPNI to contact you about additional local telephone and other services when we already provide you that same type service. Finally, even if your CPNI is restricted, we may still use it to market any other telecommunications services or features with your permission if you contact us and ask about them. If you choose not to “restrict/opt-out” then One Server Hosting is presumed to have permission, 30-days after you receive this notification, to use CPNI to market services until such time as you withdraw that permission. You may withdraw your permission at any time by contacting One Server Hosting at 1-866-485-0522.
