1. Provision of Service: Acceptance of this TOS Agreement and Acceptance of oooServers’s Acceptable Use Policy:
oooServer’s provision of service to Subscriber, and Subscriber’s acceptance and use of said service, constitute Subscriber’s acceptance of, and agreement to, this TOS Agreement as well as Subscriber’s acceptance of, and agreement to, oooServer's Acceptable Use Policy (“oooServer’S AUP”) -- which is herewith made a part of this TOS Agreement. This TOS Agreement, including oooServer’S AUP, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties.
2. Cancellation of Service:
oooServer reserves the right to cancel this TOS Agreement and to permanently disconnect the service that oooServer provides to Subscriber hereunder at anytime without further obligation. Subscriber may cancel this TOS Agreement and the service that oooServer provides to Subscriber hereunder by requesting cancellation via opening a help ticket through the helpdesk at
http://www.oooserver.com/order/clientarea.php at least fourteen (14) days prior to Subscriber’s next monthly billing date. oooServer will not honor notice of cancellation by any other means of communication. Subscriber must be current on all payments and must have all account information available at the time of such request for said requested cancellation to become effective. It is Subscriber’s responsibility to separately confirm that oooServer has timely received notice of requested cancellation, and Subscriber must make arrangements to pick up any server computer that it owns for removal from oooServer’s facility.
3. Disconnection of Service:
Not by way of limitation of oooServer’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that oooServer provides to Subscriber, oooServer also reserves the right to temporarily disconnect (suspend) the service that oooServer provides to Subscriber (or any one of them, if Subscriber has more than one account or server):
For Subscriber’s failure to timely pay any fee or amount due to oooServer, in which case oooServer will first send Subscriber an email indicating that Subscriber’s account is overdue and advising Subscriber that the service that oooServer provides to Subscriber may be terminated if payment is not made within 24 hours; and/or
If oooServer determines, in its sole judgment, that Subscriber is in violation of this TOS Agreement (which includes oooServer’s AUP), and oooServer believes that Subscriber can timely and appropriately cure said violation. If, in oooServer’s sole discretion, a potential violation is detected, the service (including all services on all server computers of Subscriber, if Subscriber uses more than one) that oooServer provides to Subscriber may be terminated, without notice to Subscriber, until oooServer’s investigation is complete, which investigation oooServer shall attempt to complete within a reasonable time period.
Subscriber will not be credited, under any circumstances, for any time that the service that oooServer provides to Subscriber is suspended, interrupted or terminated.
4. oooServer Not Obligated To Review Activities or Notify of Violations:
oooServer is under no obligation to review Subscriber's and/or any of Subscriber’s Sub-User’s (the term “Subscriber’s Sub-User” is defined below) activities to determine if a violation of this TOS Agreement (which includes oooServer’s AUP) has occurred. Further, oooServer does not assume any responsibility by virtue of this TOS Agreement (which includes oooServer’s AUP) to monitor, enforce or police Internet-related activities or to notify Subscriber of any actual or suspected violations.
5. Amendment:
oooServer reserves the right to amend, and may amend, from time to time, within its sole discretion, the terms and conditions of this TOS Agreement (including oooServer’s AUP). oooServer will provide notice of such amendment(s) by posting such amendment(s) on oooServer’s website at http://www.oooserver.com/order/clientarea.php, and Subscriber’s use of oooServer’s services after oooServer posts such amendment(s) on its website shall constitute Subscriber's acceptance of any/all such amendments. Amendment(s) shall not constitute grounds for Subscriber’s early cancellation of this TOS Agreement or the service, nor grounds for Subscriber’s non-payment for the service that oooServer provides to Subscriber after the effective date of such amendment(s), and Subscriber shall continue to be bound by the terms and conditions of this TOS Agreement, as amended, for any service provided by oooServer to Subscriber thereafter. It is Subscriber’s responsibility to review, from time to time, this TOS Agreement (including oooServer’s AUP), as published on oooServer’s website, for any amendment(s).
6. Assignment:
Subscriber may not transfer or assign this TOS Agreement without the prior written consent of oooServer. oooServer may transfer and assign this TOS Agreement, the Service and all of oooServer’s rights, titles and interests thereunder at any time without consent from or notice to Subscriber.
7. Waiver:
Waiver by oooServer of Subscriber’s breach of any term or condition of this TOS Agreement (including oooServer’s AUP) shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other term or condition of this TOS Agreement (including oooServer’s AUP).
8. Compliance with law:
Inasmuch as the service that oooServer provides to Subscriber is controlled and operated by oooServer from its facilities in the United States, Subscriber shall comply with all U.S. local, state, federal and national laws, statutes, ordinances and regulations that apply to Subscriber’s use of the service that oooServer provides to Subscriber, as well as with all laws in all other jurisdictions that apply to Subscriber’s use of the service that oooServer provides to Subscriber.
9. Choice of Law / Jurisdiction / Venue / Statute of Limitations:
This TOS Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. By entering into this TOS Agreement and accepting and using oooServer’s services hereunder, Subscriber submits to jurisdiction and venue in the courts of Cook County, Illinois, for any dispute(s) related to or rising out of this TOS Agreement. Notwithstanding any contrary provision of law, any claim or cause of action arising out of this TOS Agreement and/or related to the service that oooServer provides, or is to provide, to Subscriber must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10. Responsibilities:
Subscriber Shall Defend and Indemnify oooServer: Subscriber shall fully defend, indemnify, pay and hold harmless oooServer and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors (such oooServer related parties collectively referred to under this Section 10.A. as “oooServer-related party”) for any Subscriber violation(s) of this TOS Agreement (which includes oooServer’s AUP) and for any violation(s) by a sub-subscriber of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, Subscriber (collectively referred to as a “Subscriber’s Sub-User”), that results in any loss, damage, cost or expense to oooServer or an oooServer-related party, or in any claim made or threatened against oooServer or an oooServer-related party by any third-party. If oooServer or an oooServer-related party is sued (or if a suit is threatened against oooServer or an oooServer-related party) because of Subscriber's or a Subscriber’s Sub-User’s act or omission, Subscriber shall pay any and all damages awarded against oooServer and any oooServer-related party immediately upon such award (whether or not any appeal is available/taken), plus any and all of oooServer’s and any oooServer-related party’s expenses and costs (including oooServer’s and any oooServer-related party’s reasonable attorneys’ fees) related thereto;
oooServer Not Liable: The service that oooServer provides to, or is to provide to, Subscriber is provided on an “as is” and “as available” basis, and Subscriber’s use of said service is at Subscriber’s sole risk. In no case shall oooServer or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to:
Subscriber’s or Subscriber’s Sub-Users’ use or inability to use the service (whether from Service Faults or otherwise) that oooServer provides to, or is to provide to, Subscriber;
Any destruction, damage, taking, unavailability or other loss of Subscriber’s or any Subscriber’s Sub-User’s system, server or data;
The cost to procure any substitute service;
Any unauthorized access or use of Subscriber’s account; or
Any third party conduct or other matter relating to the service;
Content Responsibility: oooServer takes no responsibility or accountability for, and Subscriber is entirely responsible and accountable for, any and all Subscriber and third-party data, information and content transmitted by (via email, uploading, posting or otherwise), stored on, inputted to/through, linked to/through and/or served by, Subscriber’s server computer (or any server computer internally assigned to Subscriber) at oooServer’s premises and/or using the service that oooServer provides to Subscriber;
Subscriber’s Responsibility to Enforce: It is Subscriber’s responsibility to ensure that Subscriber and all of Subscriber’s Sub-Users continuously adhere to the terms and conditions contained in this TOS Agreement (including oooServer’s AUP), and Subscriber is, and will be held, responsible for Subscriber’s acts and omissions and for the acts and omissions of Subscriber’s Sub-Users related thereto. It is in Subscriber’s best interest to implement a similar policy of acceptable use and compliance among Subscriber’s Sub-Users;
Subscriber’s Network / Security: Subscriber is solely responsible for ensuring that its network and the network(s) of Subscriber’s Sub-User(s) are configured in a secure manner. Subscriber is solely responsible for any intrusions into, or security breaches of, any of its server computers, networks or systems. Subscriber is solely responsible and accountable for, and oooServer shall not be responsible or accountable for, any/all activities that occur on or through Subscriber’s service computers, networks and systems, including any and all acts or omissions by, or attributable to, any third party, using the service that oooServer provides to Subscriber;
Subscriber’s Responsibility to Backup System/Data – Deletion of System/Data: oooServer is not responsible for, and Subscriber is solely responsible for, backing up Subscriber’s system/data, including any/all system/data of any Subscriber’s Sub-User, related to Subscriber’s server computer (or any server computer internally assigned to Subscriber) at oooServer’s premises and/or to the service that oooServer provides to Subscriber. Any server computer owned by Subscriber on oooServer’s premises or otherwise under oooServer’s possession or control will be considered abandoned and forfeited thirty (30) days after cancellation of this TOS Agreement for non-payment, at which time, oooServer will delete any and all Subscriber and Subscriber’s Sub-User system/data. For any server computer not owned by Subscriber but that is or may be internally assigned to Subscriber, oooServer will delete any and all Subscriber and Subscriber’s Sub-User system/data immediately upon cancellation of this TOS Agreement for non-payment.;
Subscriber’s Responsibility To Insure: oooServer is not responsible for, and Subscriber is solely responsible for, fully insuring Subscriber’s and Subscriber’s Sub-Users’ system/data against destruction, damage, taking, unavailability or other loss, and oooServer is not responsible for, and Subscriber is solely responsible for, fully insuring any/all server computers, components and equipment owned or controlled by Subscriber against loss and damage during shipment, handling, placement and use, whether said server computer/equipment is in oooServer’s possession or control or otherwise;
Subscriber’s Responsibility For Server/Equipment: Subscriber is solely responsible for packaging and removing from oooServer’s premises/control any/all servers and equipment owned or controlled by Subscriber. Subscriber shall pay oooServer a $20.00 handling fee plus all shipping costs per package for any server/equipment which is shipped The Subscriber is responsible for insuring any/all shipments. Any server or equipment not removed within 30 days after cancellation of this TOS Agreement for any reason will be considered abandoned and forfeited.
11. Subscriber Contact Information, Updates & ID:
Subscriber shall, at http://www.oooserver.com/order/clientarea.php, provide oooServer with, and shall update oooServer immediately upon any change(s) with, accurate, current and complete contact information (including email, fax, telephone and street address contacts) so that oooServer may register Subscriber, charge payments to Subscriber and otherwise contact Subscriber as may be required from time to time in the course of this TOS Agreement. In addition, Subscriber agrees to provide photo identification to oooServer prior to Subscriber’s preliminary visit, if any, to oooServer’s data center.
12. Age/ Legal Authority:
If Subscriber is an individual, Subscriber must be eighteen (18) years of age or older in order to enter into this TOS Agreement to subscribe to the service that oooServer provides to Subscriber, and Subscriber herewith assures oooServer that Subscriber meets said age requirement. If Subscriber is an entity, Subscriber herewith assures oooServer that it has all the legal authority necessary to enter into this TOS Agreement to subscribe to the service oooServer provides to Subscriber.
13. Payment Information:
Service Rates: The nature of the service that oooServer provides to Subscriber, and the rates and fees thereof, have been communicated to Subscriber by oooServer. oooServer may amend its rates and fees from time to time, at oooServer’s discretion, by posting said change(s) on oooServer’s website at http://www.oooserver.com/order/clientarea.php, which rate change shall become effective as outlined in said posting;
Payment: oooServer may charge Subscriber a one-time, pre-agreed set-up fee before oooServer establishes any service for Subscriber. Subscriber shall thereafter pay, on each monthly anniversary date thereafter, an ongoing service charge in advance for oooServer’s continued provision of the service that oooServer provides to Subscriber. Subscriber agrees that oooServer may automatically charge Subscriber’s credit card each month, and may process Subscriber’s payment as early as five (5) days before the due date, to ensure that oooServer receives payment on or before the due date;
Invoicing: oooServer does not send out invoices automatically. If Subscriber requires an invoice he may log into his account and obtain an invoice.
Refunds and Disputes: All payments made to oooServer by Subscriber or on Subscriber’s behalf are nonrefundable – including the one-time set-up fee, if any, as well as any/all subsequent monthly charges (regardless of usage). Overcharges or billing disputes must be reported to oooServer within thirty (30) days of occurrence, otherwise Subscriber shall have waived all claims related thereto. If Subscriber disputes a charge to its credit card issuer, which charge oooServer deems, in its sole discretion, to be valid under the terms and conditions of this TOS Agreement, Subscriber shall pay oooServer, in addition to said disputed charge, an Administrative Fee of not less than $50.00 and not more than $150.00;
Payment Declination/Rejection Charge: Should Subscriber’s credit card or any payment be declined or rejected for any reason, oooServer may charge Subscriber a $15.00 administrative fee per occurrence;
Additional Charges for Failure to Timely Pay: Without limiting oooServer’s right to, at any time for any reason, cancel this TOS Agreement and permanently disconnect the service that oooServer provides to Subscriber, should oooServer suspend the service that oooServer provides to Subscriber because of Subscriber’s failure to timely pay any fee or amount due to oooServer, Subscriber may be required to pay oooServer, in addition to any fees and amounts due a $20.00 late fee.. Suspension of service does not relieve Subscriber of any responsibilities.
14. Service and Support:
Support & Support Boundaries: Within oooServer’s field of service and ability, oooServer offers 24 hours/day x 7 days/week technical support to Subscriber, except during a few holidays and company meetings when we temporarily close our facility. Subscriber’s server computer(s) housed at oooServer’s facility is(are) unmanaged, and oooServer offers only that the service provided by oooServer to Subscriber’s server computer(s) is online and remotely accessible. oooServer does not offer technical support for application-specific issues, and oooServer shall not provide technical support to Subscriber’s Sub-Users. Subscriber should contact oooServer by opening a help ticket with the support desk for technical assistance at http://www.oooserver.com/order/clientarea.php. In the event oooServer needs to ship out of oooServer’s premises any failed component of a server owned or controlled by Subscriber for any reason, a $20.00 handling fee per shipment plus all shipping costs will be applied;
Service Faults / No oooServer Liability / No Warranty: oooServer does not guarantee that the service that oooServer provides, or is to provide, to Subscriber is or will be free from errors, omissions, corruption, attack, viruses, interference, loss, hacking, security intrusion, delays, non-delivery, wrong delivery or any other causes of interruption or damage (collectively “Service Faults”). As a reminder of, and not as a limitation of, oooServer’s limitation of liability under Section 10.B. above, in no case shall oooServer or any of its managers, members, employees, affiliates, attorneys, agents, contractors or licensors be liable for any direct, indirect, incidental, punitive, exemplary, special or consequential damages, losses, costs or expenses, including, but not limited to, loss of profits, loss of data, loss or damage to goodwill, or loss of use of data or other intangible losses, or for any claim(s) related thereto, even if said party has been advised of the possibility of such damages, losses, costs, expenses or claims, arising from or related to the following: