Are you interested in having your website hosted by the OmegaSphere web hosting service? If so, then please read the terms of service set forth below. Your use of the OmegaSphere web hosting service is subject to these terms of service and other documents which are incorporated by reference into these terms of service. They constitute part of the contract between OmegaSphere and yourself with respect to your use of the OmegaSphere web hosting service and by using the OmegaSphere web hosting service, you are deemed to have agreed to these terms of service.
This document contains the terms of service (“Hosting TOS”) of the OmegaSphere web hosting service (the "Hosting Service"). Your use of the Hosting Service is subject to the Hosting TOS, and all other documents incorporated into the Hosting TOS by reference which incorporated documents are also considered to form part of the Hosting TOS. You should note that by using the Hosting Service you are signifying your agreement to the Hosting TOS and, in so doing, you are agreeing that the Hosting TOS form a part of the contract between OmegaSphere and yourself. Please note as well that a reference to the Hosting TOS in this document is conclusively deemed to include a reference to documents incorporated into the Hosting TOS by reference. OmegaSphere reserves the right to amend the Hosting TOS from time to time without notice to or acceptance by you and your continued use of the Hosting Service following each such amendment is subject to the Hosting TOS as so amended. You can review the most current version of the Hosting TOS at any time at: http://www.omegasphere.net/legal. Please note that, in addition to the Hosting Service, OmegaSphere offers other services which are governed by different terms of service.
As part of the Hosting Service, OmegaSphere provides you with resources on a server or servers and Internet access thereto. Any features currently provided as part the Hosting Service and any new features that alter the Hosting Service shall be subject to the Hosting TOS save and except that if OmegaSphere’s website indicates that other terms of service (the “Other TOS”) apply to a particular OmegaSphere service, then that particular OmegaSphere service shall be subject to and governed by the Other TOS and not by the Hosting TOS. In order to use the Hosting Service, you must obtain access to the Internet, either directly, indirectly or through devices that access and/ or manipulate Internet content, and pay any service fees associated with such access. In addition, it is your responsibility to obtain lawful access to all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
In consideration of provision of the Hosting Service to you by OmegaSphere, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Hosting Service's registration form or as otherwise requested by OmegaSphere which information (hereinafter sometimes referred to as the "Registration Data") may include but not be limited to your full legal name, address, email address, telephone number, fax number, particulars pertaining to credit, debit or other charge card or cards (hereinafter sometimes referred to as the “Bank Card”) which you will use to pay for the Hosting Service, PayPal account particulars (not including your password), billing and shipping information and other information; and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or OmegaSphere has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OmegaSphere has the right to suspend or terminate your account and refuse any and all current or future use of the Hosting Service (or any portion thereof). You also understand and agree that the Hosting Service may include certain communications from OmegaSphere, such as service announcements, administrative messages and the OmegaSphere Newsletter, and that these communications are considered part of the Hosting Service and you will only be able to opt out of receiving them if OmegaSphere, in its unfettered discretion, is of the opinion that opting out will not prevent you from receiving important information with respect to the Hosting Service or the Hosting TOS.
4.1 Billing. You acknowledge that the nature of the Hosting Service and OmegaSphere’s rates and charges payable by you have been communicated to you and that the nature of the Hosting Service and the rates and charges payable by you may change from time to time. Unless OmegaSphere and you agree otherwise, OmegaSphere is hereby authorized to charge to your Bank Card at such times as OmegaSphere deems appropriate all amounts payable to OmegaSphere by you at the then current rate listed on OmegaSphere’s website in respect of the Hosting Service or any other service provided to you whether directly by OmegaSphere or by a third party service provider acting on OmegaSphere’s instructions. Notwithstanding the generality of the foregoing, all payments to OmegaSphere are due in advance of the provision of the service in respect of which they are payable and in the case of payments for the Hosting Service must be paid prior to the beginning of the service period in respect of which they are payable. If you wish to terminate the Hosting Service prior to the end of a service period, OmegaSphere may but shall not be obliged to refund an amount in respect of the said service period provided however that the decision to pay a refund shall be entirely at OmegaSphere’s discretion and if OmegaSphere does agree to pay a refund, it may deduct from the amount of such refund all administrative charges which it deems appropriate and may pay the balance of such refund by the method of payment, including but not limited to an account credit, which it deems appropriate.
4.2 Data Transfer Fee. You agree to pay for all data transfer used as part of the Hosting Service which exceeds the amount permitted in your Hosting Service package, at the then current rate listed on OmegaSphere’s website.
4.3 Upgrades and Downgrades. You will have the ability to upgrade the Hosting Service at any time during the term. Such upgrade will take effect immediately. For any upgrade in package level, you will be refunded a pro rata amount for the lower level of Hosting Service and charged a pro rata amount for the higher level Hosting Service, the refund and charge both to be based on the number of days remaining in the service period. The service period will not change. A downgrade may be requested at any time but will only take effect at the expiry of the then current service period.
4.4 Cancellation and Termination. If you cancel your OmegaSphere Hosting Service account before the end of the agreed service period, the cancellation will take effect immediately, but you will have access to the Hosting Service for the remainder of the period in which you cancel. After cancellation and the expiry of the service period, you will no longer have access to the Hosting Service and OmegaSphere may delete all data stored for you by OmegaSphere. OmegaSphere accepts no liability for such deleted data. If any amount payable by you to OmegaSphere remains unpaid following the due date for payment of same or if you breach the Hosting TOS in any way, OmegaSphere may forthwith terminate your OmegaSphere Hosting Service account, deny you access to the Hosting Service and delete all data stored for you by OmegaSphere. OmegaSphere accepts no liability for information that is deleted as aforesaid.
We may disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will NOT include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process or to enforce the Hosting TOS.
You are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account. You agree to immediately notify OmegaSphere of any unauthorized use of the account or any other breach of security. OmegaSphere will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will OmegaSphere be liable, in any way, for any acts or omissions pertaining to your account, including any damages of any kind incurred as a result of such acts or omissions.
Please note that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not OmegaSphere, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Hosting Service. You agree that you will not through the medium of the Hosting Service:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way or upload, post, transmit or otherwise make available any Content to which minors may not lawfully have access;
(c) impersonate any person or entity, including, but not limited to, an OmegaSphere official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Hosting Service;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as:
(i) sending mass email to recipients who haven't requested email from you or with a false return address,
(ii) promoting a site with inappropriate links, titles, descriptions,
(iii) promoting your site by posting multiple submissions in forums that are identical, or
(iv) promoting your site by posting submissions in forums that do not permit the advertizing of your site;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Hosting Service or servers or networks connected to the Hosting Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Hosting Service;
(j) intentionally or unintentionally violate any applicable local, state, provincial or national law of the United States of America, Canada or any other country having jurisdiction in respect of the Hosting Service from time to time, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, the NASDAQ or the securities exchange of any other country having jurisdiction in respect of the Hosting Service, and any other laws, regulations or rules having the force of law and having jurisdiction in respect of the Hosting Service;
(k) "stalk" or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(m) offer for sale or sell any item, good or service if:
(i) the offering for sale or sale of such item, good or service violates any applicable federal, provincial, state, or local law or regulation,
(ii) you do not have full power and authority under all relevant laws and regulations to offer and sell such item, good or service, including all necessary licences and authorizations, or
(iii) OmegaSphere determines, in its sole discretion, that the offering for sale or sale of such item, good or service through the Hosting Service is inappropriate in terms of the image which OmegaSphere seeks to convey.
With respect to any additional software that may be made available by OmegaSphere in connection with the Hosting Service, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software.
Recognizing the global nature of the Internet, you agree to comply with all applicable rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
OmegaSphere does not claim ownership of the Content you place on an OmegaSphere server. By placing Content on an OmegaSphere server, you grant OmegaSphere the world-wide, royalty-free, and non-exclusive licence to reproduce, modify, adapt and publish the Content solely in a manner which is consistent with the objects of the Hosting Service. This licence shall be terminated at the time your OmegaSphere Hosting Service account is terminated. You acknowledge that OmegaSphere does not pre-screen Content, but that OmegaSphere and its nominees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Hosting Service. Without limiting the foregoing, OmegaSphere and its nominees shall have the right to remove any Content that violates the Hosting TOS or is otherwise objectionable to OmegaSphere. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold OmegaSphere, and its subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Hosting Service, your connection to the Hosting Service, your violation of the Hosting TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Hosting Service, use of the Hosting Service, or access to the Hosting Service without the express permission of OmegaSphere.
You acknowledge that OmegaSphere may establish general practices and limits concerning use of the Hosting Service.
OmegaSphere reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Hosting Service (or any part thereof) with or without notice. You agree that OmegaSphere shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Hosting Service.
You agree that OmegaSphere, in its sole discretion, expressly reserves the right to suspend or terminate your password, use of the Hosting Service or use of any other OmegaSphere service, and remove and discard any Content from OmegaSphere’s servers, for any reason, including, without limitation, if OmegaSphere believes that you have violated or acted inconsistently with the letter or spirit of the Hosting TOS. OmegaSphere may also in its sole discretion and at any time discontinue providing the Hosting Service, or any part thereof, with or without notice. You agree that any termination of your access to the Hosting Service under any provision of this Hosting TOS may be effected without prior notice, and acknowledge and agree that OmegaSphere may immediately cease to provide Hosting Service to you and delete all related data from OmegaSphere’s servers and/or bar any further access to such data or the Hosting Service. Further, you agree that OmegaSphere shall not be liable to you or any third-party for any termination of your access to the Hosting Service.
You acknowledge and agree that the Hosting Service and any necessary software used in connection with the Hosting Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Hosting Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OmegaSphere or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Hosting Service or the Software, in whole or in part. OmegaSphere grants you a personal, non-transferable and non-exclusive right and licence to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicence, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Hosting Service. You agree not to access the Hosting Service by any means other than through the interface that is provided by OmegaSphere for use in accessing the Hosting Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE HOSTING SERVICE IS AT YOUR SOLE RISK. THE HOSTING SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OMEGASPHERE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) OMEGASPHERE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE HOSTING SERVICE, HOWEVER, OMEGASPHERE IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NON-DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE HOSTING SERVICE, OR OTHER INTERACTION WITH THE HOSTING SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON OMEGASPHERE’S SERVERS. OMEGASPHERE DOES NOT WARRANT THAT
(i) THE HOSTING SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE HOSTING SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HOSTING SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE HOSTING SERVICE WILL MEET YOUR EXPECTATIONS, AND
(v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOSTING SERVICE IS DOWNLOADED OR OTHERWISE OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE HOSTING SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE HOSTING TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OMEGASPHERE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OMEGASPHERE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE HOSTING SERVICE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE HOSTING SERVICE;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE HOSTING SERVICE; OR
(e) ANY OTHER MATTER RELATING TO THE HOSTING SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. The Hosting Service may also provide notices of changes to the Hosting TOS or other matters by displaying notices or links to notices to you generally on the Hosting Service.
OmegaSphere respects the intellectual property rights of others and we require our users to do the same.
The Hosting TOS and the relationship between OmegaSphere and you shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada which shall be deemed to be the proper law hereof. The courts of the Province of British Columbia, Canada shall have jurisdiction (but not exclusive jurisdiction) to entertain and determine all disputes and claims, whether for specific performance, injunction, declaration or otherwise howsoever both at law and in equity, arising out of or in any way connected with the construction, breach, or alleged, threatened or anticipated breach of this Agreement and shall have jurisdiction to hear and determine all questions as to the validity, existence or enforceability thereof. The failure of OmegaSphere to exercise or enforce any right or provision of the Hosting TOS shall not constitute a waiver of such right or provision.
The Hosting TOS constitutes the entire agreement between OmegaSphere and you and governs your use of the Hosting Service, superseding any prior agreements between OmegaSphere and you (including, but not limited to, any prior versions of the Hosting TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other OmegaSphere services, third-party content or third-party software. If any provision of the Hosting TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Hosting TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Hosting Service or the Hosting TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Hosting TOS are for convenience only and have no legal or contractual effect.
You shall not be entitled to assign this contract except as provided herein and any attempt by you to assign the rights, duties or obligations hereunder except as herein provided, without the consent of OmegaSphere, shall be of no effect. OmegaSphere shall be entitled to assign this contract to any person (the “Replacement Host”) who, in the reasonably held opinion of OmegaSphere, is able and willing to provide the Hosting Service and in the case of such an assignment by OmegaSphere, the Replacement Host shall assume all rights, duties or obligations hereunder and OmegaSphere shall cease to have any duties or obligations hereunder but shall retain the right of indemnification set forth in paragraph 11 hereof.
Please report any violations of the Hosting TOS to our support team at http://www.omegasphere.net/contact.
The sending of unsolicited commercial bulk email ("UCBE") through our service is strictly prohibited. We choose our pricing with the aim of making this use of our service uneconomical. If more than 1000 emails are sent or attempted to be sent per calendar month through our service, the following fees apply: 1) a fee of $5.00 CAD per email which is sent or attempted to be sent, and 2) A fee of $10,000 CAD per month. Any charges under this service term are payable exclusively via wire transfer. Any charges under this service term are due within 5 business days of being incurred. You acknowledge that we reserve the right to not deliver any message which we suspect may be unsolicited commercial bulk email. In the event that we choose not to deliver a message, the standard fee shall still apply. Fees under this clause will still apply regardless of any other discounts or free months of service which may have been offered. You further agree to pay all reasonable legal and collection costs which may arise in connection with collecting under this clause. In its sole discretion, OmegaSphere may choose to raise the limit of 1000 emails. Any such raise in limit shall only be deemed to have taken effect upon having been communicated to the customer in writing.