OmanWebHosting.com provides web hosting to
many clients, and we have a responsibility
to protect each client and to provide the
best services available. The following
guidelines were designed to ensure these
obligations are met.
These Policies, Guidelines, and Disclaimer
are intended for all domains residing on
OmanWebHosting.com servers.
Content:
All services provided by OmanWebHosting.com
may be used for lawful purposes only.
Transmission, storage, or presentation of
any information, data or material in
violation of any United States Federal,
State or City law is prohibited. This
includes, but is not limited to: copyrighted
material, material we judge to be
threatening or obscene, or material
protected by trade secret and other statute.
The subscriber agrees to indemnify and hold
harmless OmanWebHosting.com from any claims
resulting from the use of the service which
damages the subscriber or any other party
directly or indirectly.
Pornography and sex-related merchandising is
prohibited on all OmanWebHosting.com
servers. This includes sites that may infer
sexual content, or links to adult content
elsewhere. OmanWebHosting.com will be the
sole arbiter in determining violations of
this provision.
Also prohibited are sites that promote any
illegal activity or present content that may
be damaging to OmanWebHosting.com servers or
any other server on the internet. Links to
such materials are also prohibited.
Examples of unacceptable content or links:
Pirated software
Hacker programs or archives
Warez sites
Any Site running background processes for
fetching the data from internet websites
Any Site that consumes more than 10% of
system resources
Following are a list of sites that will
often require more than 10% of our systems
resources: Multiple domains residing at a
single IP address, domains with archives or
galleries, (i.e. .gif, .jpg, .exe, .zip,
.tar, etc.), and domain accounts offering
download files. We are not saying that your
web site cannot contain such files, however
if at any time they consume 10% or more of
our systems resources you will be contacted
to resolve the problem.
OmanWebHosting.com will be the sole arbiter
as to what constitutes a violation of this
provision, and will have the right to
terminate your hosting account without any
prior notice without any refunds. We take
this very seriously, and will not make any
exceptions to this clause
Traffic Usage:
All account plans come with a predetermined
amount of traffic allowance. We monitor all
accounts and bill RO2.00 for each gig of
traffic exceeded. This amount is not
prorated, this meaning that 1 mb - 1 gig
will be treated and billed as the same.
All our clients agree that bandwidth and
disk usage shall not exceed the maximum
number of megabytes per month for the
service plan subscribed by the customer.
OmanWebHosting.com will monitor subscribers’
bandwidth and disk usage. OmanWebHosting.com
shall have the right to take corrective
actions if subscribers’ bandwidth or disk
usage exceeds the Agreed Usage. Such
corrective actions may include the
assessment of additional charges,
disconnection or discontinuance of any and
all services, or termination of this
Agreement at any time as deemed necessary,
which actions that may be taken in the sole
and absolute discretion of the
OmanWebHosting.com. If OmanWebHosting.com
takes any corrective action under this
section, a client shall be entitled to a
pro-rated refund of any fees paid in advance
prior to such action.
In case of a site residing on a Linux
server, an automated notification is sent
when the disk/bandwidth usage reaches up to
80% of the agreed limit. The client is thus
notified to keep the usage within the
allocated limit. However, if the bandwidth
and/or disk usage exceeds the allocated
limit the domain will be automatically
suspended immediately without any further
notification to this regard and
OmanWebHosting.com will not be responsible
for any damage/loss arising out of it.
In case of a site residing on a Windows
server, we shall notify our clients when
their disk/bandwidth usage reaches up to
100% of the agreed limit and request them to
either restrict it or to go for extra space
/ bandwidth. If he fails to do so then the
concerned account will be suspended and
OmanWebHosting.com will not be responsible
for any damage/loss arising out of it.
Domain Name Registration :
OmanWebHosting.com assists its clients to
have a domain name registered with ICANN
approved registrars just for the sake of
assistance only. Under no circumstances
OmanWebHosting.com will own or otherwise
control any domain name/s registered on
behalf of its clients. All the
subscriber/clients of OmanWebHosting.com
have waived any and all claims which they
may have, or which may later arise against
OmanWebHosting.com for any and all damages,
losses, claims or expenses arising or
related to the acquisition, registration,
ownership or any other related issues of the
Domain Name. Any cost incurred by
OmanWebHosting.com – except for the Domains
Name Registrations offered with some
business promotion schemes – to obtain and /
or maintain the Domain Name on behalf of its
clients shall be charged to them by
OmanWebHosting.com.
We are providing this assistance considering
that all our subscribers/clients have gone
through ICANN guidelines placed at
http://www.icann.org/udrp/udrp-p
olicy-24oct99.htm and understood them.
Copyright Infringement:
OmanWebHosting.com supports the protection
of intellectual properties and copyrighted
materials hence we have provided following
guidelines to take care of copyright
infringements complaints.
Notice for Making Claim for Copyright
Infringement:
Under Title 17, United States Codes, the
notification of Claimed Infringement must
include certain information. Therefore, all
the claims pertaining to infringement of
copyright materials must be submitted to
support@OmanWebHosting.com along with
the following necessary information for
further course of actions: (1) A physical or
electronic signature of a person authorized
to act on behalf of the owner of an
exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work
that claimed to have been infringed; (3) The
URL and other information reasonably
sufficient to permit us to locate the
copyrighted material; (4) Your name,
address, phone number and email address; (5)
A statement that you have a good faith,
belief that the use of the materials in the
manner complained of, is not authorized by
the copyright owner, its agent or the law;
(6) A statement that the information in the
notification is accurate, and under penalty
of perjury, that you are authorized to act
on behalf of the owner of an exclusive right
that is allegedly infringed.
When we have all required information as
prescribed above, we shall take necessary
steps to remove or disable the access to the
materials in question, regardless of whether
the materials or activities is determined to
be infringing, if selection action is not
possible OmanWebHosting.com will terminate
the infringer’s account with us.
OmanWebHosting.com will also take reasonable
steps to promptly notify the alleged
infringer in writing of the claim against
him or her, and that it has removed or
disabled access to the material or
terminated Internet access (see Sections
512(c)(1)(C) and (g) of the Digital
Millennium Copyright Act).
Notice of Counter Notification:
On receipt of the notification of
infringement of some copyrighted materials
and the subsequent actions taken by
OmanWebHosting.com the client may provide a
counter notification along with following
mandatory information as stated below:
(1) It must be sent to
support@OmanWebHosting.com within 10
days from the receipt of the said copyright
infringement notification;
(2) A physical or electronic signature of
the subscriber;
(3) Identification of the material that has
been removed or to which access has been
disabled and the location at which the
material appeared before it was removed or
access to it was disabled;
(4) A statement, under penalty of perjury,
that the Subscriber has a good faith belief
that the material was removed or disabled as
a result of mistake or misidentification of
the material to be removed or disabled;
(5) Your name, address, phone number and
email address;
(6) A statement that the subscriber consents
to the jurisdiction of Federal District
Court for the judicial district in which the
subscriber’s address is located, or if the
address is outside of the USA, for any
judicial in which the service provider may
be found, and the subscriber will accept
service of process from the person who
provided notification or an agent of such
person.
On receipt of counter notification from the
subscriber OmanWebHosting.com will provide
the complaining party a copy of the Counter
Notification and inform the complaining
party that it will replace the removed
materials or cease disabling access to it
within 10 business days from the receipt of
the Counter Notification. OmanWebHosting.com
will then cease the disabling access to the
removed material or replace it in not less
than 10 days nor more than 14 business days
following the receipt of the counter
notification, provided OmanWebHosting.com
has not received notice from the complaining
party that an action has been filed seeking
a court order to restrain subscriber from
engaging in infringing activities relating
to the materials on OmanWebHosting.com’s
network or system.
IP Address Ownership:
If OmanWebHosting.com assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to OmanWebHosting.com and the subscriber shall have no right to use that IP address except as permitted by the OmanWebHosting.com. We shall maintain and control the ownership of all IP numbers and addresses that may be assigned to subscribers by us. The OmanWebHosting.com reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
Commercial Advertising / Unsolicited Bulk e-Emails (SPAM):
Spamming, or sending of unsolicited emails
from an OmanWebHosting.com server or using
an email address or domain that is
maintained on an OmanWebHosting.com machine
as reference is STRICTLY prohibited. This
means that clients of OmanWebHosting.com
will not use or permit others to use our
network to transact in UCE (Unsolicited
Commercial Emails). Violation of
OmanWebHosting.com's SPAM policy or anyone
causing any of our IP space to be listed in
any of the various Spam Databases will
result in severe penalties.
Apart from it we also hereby prohibit:
(1) any kind of News Bombing activities
through emails that obstructs another
people's use of e-mail services or news;
(2) any activity that is involved in forging
any message header, in part or whole of any
electronic transmission origination or
passing through the OmanWebHosting.com
service;
(3) the use of the OmanWebHosting.com
service to access, or to attempt to access,
the accounts of others, or to penetrate, or
attempt to penetrate, security measures of
OmanWebHosting.com's or another entity's
computer software or hardware, electronic
communication system, or telecommunication
system, whether or not the intrusion results
in the corruption or loss of data, is
expressly prohibited offending.
Opt-Out mailing lists are strictly
prohibited. This includes any lists or
databases purchased or otherwise obtained
from third parties, as the persons on such
lists did not specifically solicit mail from
you. Any mailing lists you maintain must be
true confirmed opt-in in nature.
(Information regarding confirmed opt-in
lists and responsible e-mail marketing can
be found here and here) This requires a user
to specifically request to be added to your
mailing list. Having to unsubscribe from
mailing lists during product registration
and similar sign up forms is not classified
as opt-in, but rather opt-out, which is in
violation of this UCE policy. In addition,
any opt-in mailing lists must include an
automated unsubscribe facility where
clicking on a link within the e-mail will
automatically and immediately unsubscribe
users from lists. Reply-to e-mail addresses
to unsubscribe are known to be ignored and
are unreliable, therefore not permitted
within our UCE policy.
Upon notification of an alleged violation of
our SPAM and other email policies listed as
above, OmanWebHosting.com will initiate an
immediate investigation (within 48 hours of
notification). During the investigation,
OmanWebHosting.com may restrict customer
access to the network to prevent further
violations. If a customer is found to be in
violation of our SPAM policy,
OmanWebHosting.com may, at its sole
discretion, restrict, suspend or terminate
customer's account. Further,
OmanWebHosting.com reserves the right to
pursue civil remedies for any costs
associated with the investigation of a
substantiated policy violation.
OmanWebHosting.com will notify law
enforcement officials if the violation is
believed to be a criminal offense. First
violations of this policy will result in an
"Administrative Fee" of $200 and your
account will be reviewed for possible
immediate termination. A second violation
will result in an "Administrative Fee" of
$400 and immediate termination of your
account. Users who violate this policy agree
that in addition to these "Administrative"
penalties, they will pay "Research Fees" not
to exceed $180 per hour that
OmanWebHosting.com personnel must spend to
investigate the matter. OmanWebHosting.com
will be the sole arbiter as to what
constitutes a violation of this provision.
Though we do not allow any form of SPAMMING
from our servers and make sure that no such
activities are done from our server, we DO
NOT support email forwarding facility
through AOL, comcast.net, att.net, msn.com,
hotmail.com, live.com, msn.net because it
has been our experience that instead of
tracing the origination of the SPAMING they
blacklist and block the immediate source of
email thus jeopardizing the entire email
activities en-routed through them.
Space Allocation Limit for Email Accounts with Windows Hosting Plans:
Each domain will have 1 GB of email space by
default allocation. In case someone requires
additional space he will have to raise a
separate request at
support@OmanWebHosting.com.
CAUTION: The email sending limit has been
set to 150emails/hr per domain for the users
of Windows Hosting Plans, whereas this limit
for Linux users has been set to 60emails/hr
per domain. Exceeding this limit may result
into interruption of email services.
Catch All Accounts - Email:
In
order to avoid any possible negative impact
on the performance of our mail server we
strongly discourage all our clients to have
“catch all” email accounts for their
domains. It is observed that majority of the
performance issues of a mail server are
attributed to “catch all” mail accounts
which are often being targeted by the
spammers.
It is also observed that the domains having
“catch all” mail accounts are targeted by
spammers by making a dictionary spam attack
on it. It is a spamming technique in which a
spammer sends out million of emails with
mail addresses generated randomly using
combination of letters added to a known
domain name in the hope of reaching a
percentage of actual email addresses. When
this happens a mail servers has to accept a
massive flood of spam messages and
eventually it has to waste its valuable
resource and processing time to deal with
it. Sometime this makes the mail server
completely unresponsive. In some cases it
becomes next to impossible to get rid of the
problem even after removing the “catch all”
email account, because by the time we remove
it, the spammer may have successfully
delivered thousands of unique accounts and
they now continue to send emails on daily
basis.
Considering above facts and also to avoid
any possible inconvenience to any of our
clients we strongly recommend you to use
email forwarder instead of “catch all” email
accounts.
CAUTION: If we find any
account/s which is causing problems to the
normal function of our email server in
whatever form, we shall immediately suspend
all such domain/s without any prior
notification. Though currently we do not
curb any restrictions on any of our clients
with regard to “catch all” email account/s,
we reserve our rights to review, modify or
change this policy appropriately as per the
need at any time without any further or
prior notification to this regard.
Chat Rooms
We
do not allow clients to install their own
chat rooms. These tend to be a large drain
on system resources and we cannot allow it
as an account option.
We currently do not allow IRC or IRC bots to
be operated on our servers.
Background Running Programs:
We
may allow programs to run continually in the
background. These are considered on a
case-by-case basis and an extra charge will
be incurred based on system resources used
and operational maintenance needed.
CAUTION: AccuWebHosting
will allow the Cron jobs or schedulers to
run for maximum thrice a day to avoid undue
load on the server. If in case, there is
some special requirement to run the Cron
jobs/schedulers more than three times a day
then we should be contacted at
support@OmanWebHosting.com with
justifiable reasons.
Server Abuse:
Any attempt to undermine or cause harm to a
server, or customer, of OmanWebHosting.com
is strictly prohibited. Refusal of Service:
We reserve the right to refuse, cancel, or
suspend service at our sole discretion. All
Sub-Networks, distributive hosting sites and
dedicated servers of OmanWebHosting.com must
adhere to the above policies.
BILLING:
Modern Bill (NON RECURRING BILLING):
For all the clients that have signed up
using the Modern Bill system, renewal of
account WILL NOT BE billed automatically. An
email invoice with a payment link will be
sent to the client’s email address on
record, at or around the time of renewal,
and it is the client’s responsibility to
ensure they pay through this payment link.
Failure to pay will result in the account
being deactivated/deleted.
IMPORTANT NOTE: Please do
not send over payment. Pay ONLY the amount
that is stated on the invoice. Modern Bill
will not recognize advance/over payment, and
therefore any advance/over payment WILL NOT
be credited to your account and can lead to
the suspension/removal of your hosting
account and/or the loss of domain.
Recurring Billing:
We
DO NOT send out invoices. All credit cards
are billed automatically for renwal of
account/plan. It is the clients
responsibility to ensure that they have
sufficient credit to cover this transaction.
In the event that credit card is failing to
bill, as a courtesy we will send an email
notification at which point we will need to
be provided with another credit card within
24 hours. If we do not receive a response
within 24 hours the account will be
deactivated/deleted and any accounts under
that account plan.
If you are using a recurring PayPal payment,
you agree that your account will be billed
automatically for the renewal of your
account/plan. It is the client’s
responsibility to ensure that they have
sufficient credit to cover this transaction.
An email invoice will be emailed to the
client’s admin email account prior to the
due date. The payment will be made
automatically against this invoice from your
PayPal account, given adequate funds is in
the assigned account.
Refund Policy :
OmanWebHosting.com offers a 90 days money
back guarantee only on our web hosting
services. Domain names registered /
transferred / renewed through our services
are subject to the yearly domain
registration fee of $8.99. If you decide to
cancel your hosting account within the 90
days period, you will receive a full refund
on the hosting fees. The domain registration
fees are non-refundable. Domain names can be
transferred to an alternate domain registrar
or you can point to alternate hosting
provider. In case if any customer decides to
transfer his/her domain to some other
registrar, it is necessary for him/her to
notify us at billing@OmanWebHosting.com
about this change so that our billing
records could be updated. Failing to which
may result into generation of Invoices and
Payment Notifications by our automated
billing system which may eventually cause
inconvenience.
Under no circumstances, AccuWebHosting will
entertain any claim of refund for (1) SSL
Certification Charges (2) WebSite Builder
Charges (3) Domain Name Registration Charges
and (4) Set Up Fee in case of cancellation
of your order (5) Any account that is
terminated by us within the guarantee period
because of violation of any of the terms of
this TOS will not be eligible to get any
refund whatsoever it is.
Invoices that have been paid more than once
with multiple Paypal/Credit Card
Subscriptions can only be added as credit
towards the account and cannot be refunded.
Charge backs:
Incase if a customer withdraws his payments via bank or CC using a charge back it may be subject to a punitive fee of $20, if OmanWebHosting.com deem this chargeback to be unfair. OmanWebHosting.com reserves its right to defend this type of charge backs and recover the original monies from the card issuer.
Account Deactivations:
Your account can be cancelled ONLY by
initiating a cancellation request using
OmanWebHosting.com’s Account Manager. Any
other methods of requesting a cancellation
are not valid. Once the cancellation form is
submitted from the Account Manager, the
account will be cancelled within two to five
business days.
Any account deactivated due to non-payment
will be deactivated and we require a
reactivation fee of $50.00 to be paid prior
to reactivating the account.
**Please note: Domain Name Registration fees
WILL NOT be refunded.** **Free Domain
registration is provided for the initial
year of the hosting only. For subsequent
year clients are required to renew their
domain manually.**
Mid term account cancellation (registered
under annual contract) initiated by customer
is subject to management approval. For any
mid-term account cancellation initiated by
customer, OmanWebHosting.com requires 1
month of notice period. Mid term account
cancellation initiated by customer will be
charged $20 cancellation fees.
To downgrade an account, OmanWebHosting.com
will charge $20.
REFUSAL OF SERVICE:
OmanWebHosting.com reserves the right to refuse, cancel, or suspend service at our sole discretion without any refunds.
LIMITATION OF LIABILITY:
OmanWebHosting.com shall not be responsible
for any claimed damages, including
incidental and consequential damages, which
may arise from OmanWebHosting.com servers
going off-line or being unavailable for any
reason whatsoever. OmanWebHosting.com will
not be held liable for the failure for
whatever reason to register/renew a domain
name or the loss of registration or
processing of a domain name or the use of a
domain name. We daily maintain backup of
your website if it is offered in your
hosting plan. Considering the fact that
backup files may get corrupted or lost or
get damaged due to any unknown reason, we
recommend you to maintain a local backup
copy of your website. Under no circumstances
OmanWebHosting.com is liable to maintain and
provide the back up and it is the
responsibility of the client to maintain a
local copy of the backup of the contents
including the emails, database and all
contents in whatsoever form. Email backups
are not provided. It is the responsibility
of the client to ensure all emails are
downloaded. In the event a website is
removed due to billing or other violations,
and/or due to a system failure,
OmanWebHosting.com is not responsible for
email and/or website backups. Furthermore,
OmanWebHosting.com shall not be responsible
for any claimed damages, including
incidental or consequential damages of your
backup files, lost websites, lost databases
- resulting from the corruption or deletion
of any web site from one of
OmanWebHosting.com servers. All damages
shall be limited to the immediate
termination of service. OmanWebHosting.com
regularly retains the service of various
data centers, web hosting companies, and
other vendors in order to provide
OmanWebHosting.com’s customers with the
services our Company offers. Although
OmanWebHosting.com takes careful measures in
selecting these vendors, OmanWebHosting.com
is not responsible for any losses
OmanWebHosting.com’s customers may incur as
a result of these vendor’s actions or their
breach of any service contract with
OmanWebHosting.com. Upon such breach of a
service contract, OmanWebHosting.com will
make every effort to contact the affected
customer and offer an alternate service
and/or prorated refund. OmanWebHosting.com
provides many free components to its clients
as a value addition to its services, these
are often third party software and thus
OmanWebHosting.com does not have any control
over them. This is purely a complementary
offer which is free of cost and therefore
under no circumstances OmanWebHosting.com is
responsible for any downtime or any other
losses arising out of improper function,
up-gradation or failure of these third party
software, or any other issues thereof. It
will be a sole responsibility of a client to
ensure the proper function, the up-gradation
and any coding related or any other issue of
all such free components. OmanWebHosting.com
will however, assist its clients to upgrade
the version as per their request and
guidelines in all possible cases.
Violations of these Acceptable Uses Policies
should be referred to:
hosting@ OmanWebHosting.com
All complaints will be investigated
promptly.
Failure to follow any term or condition will
be grounds for immediate account
deactivation.
DISCLAIMER:
OmanWebHosting.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by OmanWebHosting.com are resold. Thus, certain equipment, routing, software, and programming used by OmanWebHosting.com are not directly owned or written by OmanWebHosting.com. Moreover, OmanWebHosting.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as OmanWebHosting.com sees fit.
ACCOUNT ACTIVATION:
By activating your account with OmanWebHosting.com, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer.
POLICY AND TERMS FOR DEDICATED SERVERS:
Apart from providing shared web space, we
also provide the service of dedicated
servers. Following are the additional terms
and conditions for dedicated servers (in
addition to the terms and conditions for web
space clients, which also apply to dedicated
server clients):
(1) The minimum contract term for dedicated
server is six months. Once an order for a
dedicated server is placed it can not be
cancelled before six months or against the
payment in lieu thereof. However, in case of
non-compliance of the terms stipulated, the
contract will be terminated by
OmanWebHosting.com before end of the term
without providing any refund.
(2) OmanWebHosting.com is not responsible
for any data loss. Customers are responsible
for keeping local backup files of all sites.
Any backup services provided by
OmanWebHosting.com are at our discretion and
are not guaranteed unless otherwise
specified under separate contract.
Restoration of files from backup may incur
restoration fees.
NOTICE:
OmanWebHosting.com retains the right to
change any or all of the above Policies,
Guidelines, and Disclaimer without
notification. We also retain the right to
change any pricing, and make changes to our
account plans without notification, however
change in pricing will not affect your
existing order.
**If your account is found to contain
illegal activity, Illegal MP3 Files, Pirated
software, hacker programs, Warez programs,
or any other illegal files, your account
will be terminated immediately without
notice and a $50.00 Cancellation fee will
apply. ** Also the proper (and your local)
authorities will be notified of your
actions.
**Please understand, that if your account is
terminated due to the misuse of your account
resulting from spam or any other methods
prohibited by our service, your hosting
account will be immediately
suspended/deleted without any prior
notification, and you will not be refunded
under any circumstances.


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