This is an agreement between you (“Account Holder”) and Osiris Communications, Inc., for itself and on behalf of its affiliates (“Osiris”) regarding your use of Osiris’ computer, interactive information, communication and server management services related to hosting one or more websites (“Services”).
1.1 General. This Agreement governs the terms and conditions under which Osiris makes the Services offered by Osiris available. Under this Agreement, you must comply with Osiris’ “Acceptable Use Policy,” as updated from time to time by Osiris, which can be viewed at www.osiriscomm.com. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT.
2.1 Term Commencement. This agreement (“Agreement”) becomes effective when Account Holder inputs subscriber information, registers and activates their account.
2.2 Initial Term. Osiris will host an account for Account Holder, for the Account Holder’s registered domain name, for the period of time corresponding with the payment plan chosen by the Account Holder in the registration process (the “Initial Term”).
2.3 Renewal term(s). If Account Holder wishes to terminate the Services at the end of the Initial Term or any subsequent Renewal Terms, notice of intent to terminate must be given in written form, at least 30 days prior to the termination date. Neither e-mail nor phone notification shall be acceptable. If Account Holder fails to notify Osiris of its intent not to renew, this Agreement will be automatically renewed for a period equal to the Initial Term (“Renewal Term”) at Osiris’ then-current rates and charges.
3.1 Fees and Expenses. Unless modified in accordance with Section 3.3. Account Holder will pay all fees due according to the prices and terms selected during the registration process.
3.2 Payment Terms. Osiris reserves the right to require a security deposit prior to provisioning Service. All installation fees and non-recurring charges, along with the first month’s service fees, shall be due and payable: 1) if customer is being billed with their telephone bill, on the due date of such bill; and 2) if other payment arrangements have been made, within 14 days of invoice date. Thereafter, recurring fees will be invoiced on a monthly basis according to Osiris’ billing cycle. Accounts that are past due by more than thirty (30) calendar days shall be subject to late fees or immediate interruption of service(s), with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Osiris. Reactivation of the service after termination or cancellation for any reason shall require the payment of additional installation charges and is subject to the availability of facilities. All inquiries regarding payment or your account should be directed to 888-467-4747.
3.3 Price Changes. During the initial term of this Agreement, Account Holder will not be charged an amount greater than the price set for the Services hereunder. Osiris, however, reserves the right, without prior notice, after such Initial Term, to change the prices charged to the Account Holder for the services provided by Osiris. Upon renewal, as provided in paragraph 2.2(b) above, the prices charged may be changed to the then prevailing price for the Services.
3.4 Taxes. Account Holder shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter “Tax”) imposed on, or with respect to, the Services under this Agreement.
3.5 Delinquency. At the sole discretion of Osiris, if an account is deemed to be delinquent on a regular basis, Osiris may require payment in advance of services in the form of a deposit.
3.6 Default. An account considered to be in default shall have all associated assets, including but not limited to domain names, email and files located in the user’s account, frozen by Osiris. If an agreement with the account holder is not reached, Osiris may, at its discretion, use said assets in recovering lost expenses due to payment default by user including service costs and legal fees associated with attempts to recover said debt.
3.7 Prepayment. Osiris may, at its discretion, require prepayment of services in the case where user’s account activity warrants additional costs (such as additional bandwidth) above and beyond user’s normal usage. In this case, user will be required to prepay an estimate based on current overusage totals where service will be suspended until payment is received.
4.1 Warranties of Account Holder. Account Holder represents and warrants that; (i) Account Holder is not a minor and is legally capable of entering into this Agreement, (ii) the performance of its obligations and use of the Services (by Account Holder, its customers and users) will not violate any applicable laws, regulations or cause a breach of any agreements with any third parties or unreasonably interfere with other Osiris customers’ use of Osiris services; (iii) Account Holder a resident of any country or affiliated with any of organization prohibited to do business within the United States as defined and set forth at: http://www.treas.gov/ofac and http://www.bxa.doc.gov/DPL/denialist.html and (iv) that it will strictly comply with the Osiris Acceptable Use Policy, as set forth below, and these Terms and Conditions.
4.2 Compliance with Law and Osiris Acceptable Use Policy and Terms and Conditions. Account Holder agrees that it has received, read and understands the Osiris Acceptable Use Policy. The Osiris Acceptable Use Policy contain restrictions on Account Holder’s and Account Holder’s users’ online conduct (including prohibitions against unsolicited commercial email) and may contains financial penalties for violations of such restrictions. In the event of Account Holder fails to comply, Account Holder agrees to pay the financial penalties in accordance with the Osiris Acceptable Use Policy. Osiris may change the Osiris Acceptable Use Policy upon notice to Account Holder, which notice may be provided by posting such new Osiris Acceptable Use Policy at the Osiris Web site www.osiriscomm.com.
4.3 Prohibited Uses. In addition to those matters set forth in the Osiris Acceptable Use Policy, Account Holder shall not post, transmit, re-transmit or store material on or through any of Services which, in the sole judgment of Osiris (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by Account Holder. Account Holder agrees to indemnify and hold harmless Osiris from any claims resulting from the use of the services which damages Account Holder or any other party.
4.4 Government Regulations. The Account Holder will not export, re-export, transfer, or make available, whether directly or indirectly, any regulated item or information to anyone outside the U.S. in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. Government and any country or organization of nations within whose jurisdiction the Account Holder operates or does business. Account Holder shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products. Account Holder shall, upon the request of Osiris, provide Osiris assurance of Account Holder’s compliance with those laws. Account Holder acknowledges that Osiris exercises no control whatsoever over the content of the information passing through Account Holder’s site(s) and that it is the sole responsibility of Account Holder to ensure that the information it and its users transmit and receive complies with all applicable laws and regulations and the Osiris Acceptable Use Policy.
4.5 IP ADDRESS. IF OSIRIS ASSIGNS THE ACCOUNT HOLDER AN INTERNET PROTOCOL ADDRESS IN CONNECTION WITH THE ACCOUNT HOLDER’S USE OF THE OSIRIS SERVICES, THE RIGHT TO USE THAT INTERNET PROTOCOL ADDRESS WILL REMAIN WITH AND BELONG ONLY TO OSIRIS, AND THE ACCOUNT HOLDER SHALL HAVE NO RIGHT TO USE SUCH INTERNET PROTOCOL ADDRESS EXCEPT AS ALLOWED BY OSIRIS IN ITS SOLE AND ABSOLUTE DISCRETION.
4.6 Passwords; Account Ownership. The Account Holder shall be responsible for maintaining security of its password. Osiris will not change passwords to any account without proof of identification, which is satisfactory to Osiris, which may include written authorization with signature. In the event of any dissolution of a corporation or partnership, divorce or other legal action that includes Account Holder, Account Holder understands that Osiris will remain neutral and may put the account on hold until final adjudication of the disposition of the domain name by a court with appropriate jurisdiction. Under no circumstances will Osiris be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Osiris from any and all Claims arising from such ownership disputes. In the event of a breach of security through the Account Holder’s account, the Account Holder will be liable for any unauthorized use of the Osiris services, including any damages resulting there from, until the Account Holder notifies Osiris’ customer service.
4.7 Marketing. Account Holder shall not use Osiris’ name or any language, pictures or symbols which could, in Osiris’ judgment, imply Osiris’ identity in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
4.8 Taxes. Account Holder is responsible for the charging and collecting from its end user customers any and all applicable taxes. If the Account Holder fails to impose and/or collect any tax from end users or its other retail customers as required herein, then, as between Osiris and the Account Holder, the Account Holder shall remain liable for such uncollected tax and any interest and penalty assessed thereon with respect to the uncollected tax by the applicable taxing authority. With respect to any tax that the Account Holder has agreed to pay or impose on and/or collect from end users or its other retail customers, the Account Holder agrees to indemnify and hold harmless Osiris for any costs incurred as a result of actions taken by the applicable taxing authority to collect the tax from Osiris due to the failure of the Account Holder to pay or collect and remit such tax to such authority.
4.9 Audit Rights. Osiris reserves the right to audit Account Holder’s site, and the materials comprising the site, at any time. If the audit reveals any act or omission which, in Osiris’ sole opinion, constitutes a violation of any local, state, federal or foreign law or regulation, Osiris may immediately shut down the site, and notify Account Holder of the action. Account Holder agrees that it waives any cause of action or claim it may have against Osiris for such action.
4.10 Investigation . Account Holder understands that Osiris may conduct an investigation into the Account Holder, Account Holder’s business, and/or its owners, officers, directors, managers and other principals. Based upon that investigation, Osiris reserves the right to refuse to do business with Account Holder, or to stop doing business with Account Holder. Account Holder agrees to hold Osiris harmless for any damages arising out of any form or cause of action, that could arise from Osiris’ actions. These audits or investigations will be conducted solely for the Osiris’ benefit, and not for the benefit of Account Holder or any third party.
4.11 No Third Party Beneficiaries. Osiris and the Account Holder agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers of the Account Holder. The Account Holder agrees that it shall specifically inform its customers that they are not third party beneficiaries of this Agreement.
4.12 Breach of Warranties. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Osiris will have the right, in its sole reasonable discretion, to suspend immediately any related Services if deemed reasonably necessary by Osiris to prevent any harm to Osiris and its business. Osiris will provide notice and opportunity to cure if practicable depending on the nature of the breach. Once cured, Osiris will restore the Service(s) as soon as practical.
4.13 Termination for Violation. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Osiris in its discretion, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Osiris based upon the severity of the violation. Osiris reserves the right to refuse service if any of the content within, or any links from, the Account Holder’s website is deemed prohibited unlawful, unlicensed, illegal, misleading, or obscene, or is otherwise in breach of Osiris’ then current “Acceptable Use Policy” in Osiris’ sole discretion. If Osiris terminates the services being provided to the Account Holder due to a violation of the Acceptable Use Policy, such termination shall be without refund Notwithstanding anything in this Agreement, the content of the Account Holder’s website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Osiris from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Osiris, (collectively, “Claims”) related to or in connection with the content of the Account Holder’s website. The terms of this Section will survive any termination of this Agreement. If the Account Holder sells or resells advertising or web space to a third party, then the Account Holder shall be responsible for the contents of such advertising and the actions of such third party. Osiris has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Osiris “Acceptable Use Policy”. The e-mail distribution by the Account Holder of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Osiris, Osiris may terminate the services being provided to the Account Holder, without refund.
4.14 Customer Backups. Osiris does not, unless otherwise specified by written contract, provide backup services for Account Holder’s data. It is the sole responsibility of the Account Holder to maintain backups of the data stored on any Osiris server including, but not limited to electronic email, web documents or contents of Account Holder’s home directory.
5.1 Authority and Performance of Osiris. Osiris represents and warrants that (i) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (ii) the performance of its obligations and delivery of the Services to Account Holder will not violate any applicable U.S. laws or regulations, or cause a breach of any agreements with any third parties. Osiris warrants that it is either the owner or licensee of any software involved herein and all documentation related to any such software, and has the right and power to deliver and license the software and all documentation related to the software.
5.2 No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ACCOUNT HOLDER’S USE OF THE SERVICES IS AT ITS OWN RISK. Osiris DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. Osiris DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. OSIRIS DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS TO ACCOUNT HOLDER’S NETWORKS. IN THE EVENT OF A BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION 5, ACCOUNT HOLDER’S SOLE REMEDY IS TERMINATION PURSUANT TO SECTION 9 OF THE AGREEMENT.
6.1 Service Interruption. Osiris will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Osiris be liable to the Account Holder for any damages resulting from or related to any failure or delay of Osiris in providing access to the Internet under this Agreement.
6.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties. Osiris DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OSIRIS’ NETWORK AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCOUNT HOLDER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH OSIRIS WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, OSIRIS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, OSIRIS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
6.3 Disclaimer of Actions Caused by and/or Under the Control of Account Holder. OSIRIS SHALL NOT BE RESPONSIBLE FOR ANY FAILURES, REPAIRS OR MODIFICATIONS NECESSITATED BY THE ACCOUNT HOLDER’S ALTERATION OF THE OPERATING SYSTEM, INCLUDING ANY AND ALL OPERATIONAL ISSUES WHICH MAY ARISE AS A RESULT OF THE ADDITION OF SOFTWARE BY ACCOUNT HOLDER. OSIRIS SHALL NOT BE LIABLE FOR ANY DELAY IN PROVIDING OR ANY FAILURE TO PROVIDE SERVICES IF SUCH DELAY IS CAUSED BY FORCES BEYOND THE REASONABLE CONTROL OF OSIRIS.
6.4 CONSEQUENTIAL DAMAGES WAIVER. IN NO EVENT SHALL OSIRIS BE LIABLE TO THE ACCOUNT HOLDER FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PERFORMANCE OR BREACH THEREOF. THE AGGREGATE, TOTAL LIABILITY OF OSIRIS UNDER THIS AGREEMENT, IF ANY, SHALL IN NO EVENT OR CIRCUMSTANCE EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE ACCOUNT HOLDER HEREUNDER. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
6.5 Basis of the Bargain; Failure of Essential Purpose. The parties acknowledge that Osiris has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
7.1 Indemnification. The Account Holder agrees to indemnify and hold Osiris harmless from any and all claims or causes of action of any kind or nature, arising out of or related to Account Holder’s use of products and services purchased from or provided by the Osiris, as well as all claims or causes of action of any kind or nature brought by any third party, or any of Account Holder’s own customers. The Account Holder and Osiris will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
8.1 Ownership. Except for the rights expressly granted herein), this Agreement does not transfer from Osiris to Account Holder any Osiris developed technology, and all right, title and interest in and to such technology will remain solely with Osiris. Except for the rights expressly granted herein, this Agreement does not transfer from Account Holder to Osiris any Account Holder developed technology, and all right, title and interest in and to such technology will remain solely with Account Holder. Osiris and Account Holder each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.
8.2 General Skills and Knowledge. Notwithstanding anything to the contrary in this Agreement, Osiris will not be prohibited or enjoined at any time by Account Holder from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Osiris.
9.1 Termination For Cause. Either party may terminate this Agreement if: (i) the other party breaches any material term or condition of this Agreement and fails to cure such breach within thirty (30) days after receipt of written notice of the same, except in the case of failure to pay fees, which must be cured within five (5) days after receipt of written notice from Osiris; (ii) the other party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (iii) the other party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty (60) days of filing.
9.2 Liability for Termination. Neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms. In the case of Customer’s termination or cancellation without cause, Customer shall be immediately liable to Osiris for all rates and charges through the Term, less Osiris’ reasonable avoided costs.
9.3 Effect of Termination. Upon the effective date of termination of this Agreement:
(a) Osiris will immediately cease providing the Service(s); and
(b) any and all payment obligations of Customer under this Agreement for Service(s) provided through the date of termination will immediately become due.
10.1 Force Majeure. Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inaction’s of Osiris), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Osiris is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Account Holder may cancel the Service(s), but there shall be no liability on the part of Osiris.
10.2 Assignment. The Account Holder may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Osiris, and any attempted assignment or delegation without such consent will be void. Osiris may assign this Agreement in whole or part. Osiris also may delegate the performance of certain Services to third parties, including Osiris’ Affiliates. This Agreement will bind and inure to the benefit of each party’s successors and permitted assigns.
10.3 Notice. Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, confirmed facsimile, or mailed by registered or certified mail, return receipt requested, postage prepaid, in each case to the address of the Account Holder as listed on the Statement of Work and, if to Osiris, at: Osiris Communications, 5201 Great America Parkway, Suite 320, Santa Clara, California 95054, or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier.
10.4 Relationship of Parties. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between Osiris and the Account Holder. Neither Osiris nor the Account Holder will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent, except as otherwise expressly provided herein.
10.5 Governing Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of California (except that body of law controlling conflicts of law) and specifically excluding from application to this Agreement that law known as the United Nations Convention on the International Sale of Goods.
10.6 Severability; Waiver. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement 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.
10.7 Entire Agreement; Counterparts; Originals. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
By using Osiris web hosting services, Account Holder agrees to comply with this Policy. Account Holders are expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Osiris expect Account Holder to have a basic knowledge of how the Internet functions, the types of uses, which are generally acceptable, and the types of uses, which are to be avoided. Common sense is the best guide as to what is considered acceptable use. The following are unacceptable uses:
Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. Osiris reserves the right at all times to prohibit activities that damage its commercial reputation and goodwill.
Osiris servers may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated software”, “Hackers programs or archives”, “Warez Sites”, “Irc Bots”, “Mp3″.
Osiris will be the sole arbiter as to what constitutes a violation of this provision, provided that any determination of a violation of this provision shall be made reasonably in good faith based on applicable law, regulation and the accepted norms of the Internet community.
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, probe, or scan of a 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 and broadcast attacks, forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
It is a violation for anyone to post information or to include programs on the web space provided through the WEBCASTING services which consume excessive CPU time or storage space (as determined in accordance with the parameters of APPENDIX I -A). All accounts including unlimited disk space are subject to the following guidelines. Accounts with unlimited disk space may not be used for: 1) backup and archival of off-site or on-site data, 2) storage of any files that are not directly accessible from the web site of the account holder, 3) mirroring or providing storage of files for mass distribution. All accounts including unlimited bandwidth are subject to the following guidelines. Accounts with unlimited bandwidth may not be used for or contain: 1) banner advertisements or any marketing that directly or indirectly generates revenue for the account holder, 2) the mass distribution of files, 3) storage of media files not for use on the web site.
No one shall post unlawful or defamatory information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.
It is contrary to Osiris policy for account holders to use Osiris servers to effect or participate in any of the following activities:
1 To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list;
2 To send unsolicited mass e-mailings, if such unsolicited e-mailings provoke complaints from the recipients;
3 To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Osiris provided server, or using a Osiris provided server as a mail drop for responses;
4 To falsify user information provided to Osiris or to other users of the service in connection with use of an Osiris service.
If Osiris becomes aware of an alleged violation by any Account Holder of the Acceptable Use Policy, Osiris shall promptly notify such Account Holder in writing of all facts supporting such allegation. If Osiris reasonably determines that the Account Holder’s activities violate the Acceptable Use Policy and pose a clear, present and material risk of harm to Osiris’ business or operations or to Osiris’ other account holders, Osiris may immediately, without prior notice to Account Holder, suspend or otherwise restrict Account Holder ‘s use of the affected Web Hosting Services to the extent necessary to prevent further possible unauthorized activity. Within one hour of taking any action to suspend or restrict a Account Holder’s use of the affected Web Hosting Services and Products, Osiris shall provide written notice to Account Holder by facsimile or e-mail stating the actions taken and all facts supporting any allegation of violations of the Acceptable Use Policy. Following completion of the investigation, and delivery to Osiris of a written report setting forth the details and conclusion of such investigation, depending on the severity of the violation, Osiris may, in its sole discretion, restrict, suspend, or terminate the affected Web Hosting Services provided to the offending Account Holder and/or pursue other civil remedies, but only after providing at least two (2) business days’ prior written notice to Osiris of Osiris’ intention to take any such action. If Osiris becomes aware that such violation is a criminal offense, Osiris will notify the appropriate law enforcement department of such violation. Osiris does not issue service credits for any outages incurred through service disablement resulting from the Acceptable Use Policy violations. All Osiris contacts with any third party, including, without limitation, law enforcement, shall be in accordance with applicable law and regulation, including, but not limited to, law and regulation governing the privacy of subscriber information as applicable to Osiris’ provision of its services to its Account Holders.
Any party seeking to report any violations of Osiris’ policies may contact Osiris at 888-467-4747 or send email to email@example.com.