Hosting Terms of Service

Open Interactive, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.
Content
All services provided by Open Interactive, Inc. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Open Interactive, Inc., from any claims resulting from the subscriber’s use of Open Interactive’s services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):
IRC Software
Pirated software
Hacking sites, programs or archives
Warez Sites
Distribution of music files or any other material in which the account holder does not own the copyright.

Open Interactive, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:
IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.
Commercial Advertising – Email –
Spamming, i.e. the sending of unsolicited email, from any Open Interactive server or any server located on the Open Interactive network is STRICTLY prohibited. Open Interactive will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Open Interactive.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Open Interactive customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Liquidweb Inc.-hosted domain, or referencing any Open Interactive account, is prohibited.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.

Advertising & Promotions Limitations
In the following scenarios Open Interactive clients are prohibited from advertising, promoting or making claims related to services which are hosted upon infrastructure at Open Interactive. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Open Interactive.
Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
Any illegal or unlawful activity
Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
Server Abuse – Any attempts to undermine or cause harm to a Open Interactive server or subscriber of Open Interactive is strictly prohibited including, but not limited to:
Logging into a server or account that you are not authorized to access
Accessing data or taking any action to obtain services not intended for you or your use
Attempting to probe, scan or test the vulnerability of any system, subsystem or network
Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
Interfering with, intercepting or expropriating any system, data or information
Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Open Interactive, Inc. and all dedicated servers must adhere to the above policies.

Password Security and Account Authorization
Open Interactive provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Open Interactive will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Technical Support
Open Interactive’s technical support is strictly limited to the direct customer of Open Interactive and not to in-direct client. For example, a client of the Open Interactive Customer is not entitled to Support from Open Interactive and should at no time be given Account Access, Passwords, or Passphrases for Open Interactive’s Support. It is the obligation of the Open Interactive customer to ensure compliance with this policy.

Best Effort Support
Open Interactive will, when possible as a courtesy to its customers, provide Best Effort support on products, applications and 3rd party software that is not explicitly covered under the customers management contract. Best Effort support means that when possible Open Interactive technicians will provide their best effort to help support our customers. Best Effort Support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on Best Effort Support.

Open Interactive provides Bundled Bandwidth Packages for Internet Data Transfer
When purchasing a Bundled Bandwidth Package your outgoing bandwidth transfer will be used to calculate your bandwidth usage. Incoming data transfer will not be counted towards your bundled bandwidth usage. If your actual data transfer usage exceeds the amount of your bandwidth package you will be charged a bandwidth overage fee in addition to your Bundled Bandwidth Charge. The bandwidth overage fee will be specified in your order. Currently the bandwidth overage fee is the same as the stated Pay As You Go outgoing bandwidth charge. ($0.25 per Gig)
Incoming data transfer is currently free.

CDN (Content Delivery Network) Bandwidth and Overage Fees
When choosing to use our Content Delivery Network (CDN) to accelerate your website – as well as images/videos/etc on that website – you are responsible for all bandwidth costs associated with delivery of your content over the public internet. This responsibility includes bandwidth costs incurred due to piracy. Open Interactive makes options readily available that can prevent overage charges caused by “hot-linking.” When using a CDN, all assets are assigned a CDN URL. There are individuals, or 3rd party sites, that target these asset URLs and serve them without the site owner’s permission. We strongly recommend that you take steps to protect yourself, your content, and your invoice from hot-linking. Due to a range of customer preferences, Open Interactive does not enable hot-linking protection measures by default. It is recommended that you take measures to protect yourself such as:
1) Constantly monitor bandwidth utilization and verify alerts containing information on abnormal CDN bandwidth usage
2) Implement proactive measures to make accessing your site’s source code more difficult

Scheduled Maintenance and Downtime
Open Interactive will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Open Interactive’s control or which are not reasonably foreseeable by Open Interactive, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Open Interactive will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Open Interactive has no responsibility for downtime resulting from a user’s actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Any violation of Open Interactive, Inc.’s Terms of Service Agreement shall result in no refund.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.
Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Open Interactive, Inc.
Returned Check Fee and Credit Card Charge Backs A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, Open Interactive reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Open Interactive’S REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to Open Interactive in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Open Interactive shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Open Interactive all Fees and other amounts due and owing for Services provided through and including the effective date of termination.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via help desk ticket (open-interactive.com/hosting/) or email sent to accounting@open-interactive.com (email subject to valid proof of account ownership). Open Interactive is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Open Interactive, Inc. is not responsible for lost data or for lost data due to third party software that is not maintained by Open Interactive, Inc. programming staff. (Cpanel is not associated with Open Interactive, Inc.)

Promotional Use
Open Interactive may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Open Interactive may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Open Interactive website. This reference will be strictly limited to disclosure that Open Interactive has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Open Interactive. However, Open Interactive may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
Any work or professional services performed or provided by Open Interactive under this Agreement shall not be deemed .Work For Hire,. but Open Interactive shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Open Interactive.

Limitation of Damages or Liability
EXCEPT AS DESCRIBED IN THE SLA, LIQUIDWEB INC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. LIQUIDWEB INC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF LIQUIDWEB INC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, LIQUIDWEB INC PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND LIQUIDWEB INC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Open Interactive, Inc.
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Open Interactive, Inc. administrators without prior notice.
All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.
The 30-day money back guarantee does not pertain to Virtual Dedicated, Full Dedicated server plans, Storm Server Plans or Colocation plans.
Any violation of these Terms of Service will result in termination of the account. Open Interactive, Inc. maintains the right to terminate accounts without prior notification.
In the case that a customer is terminated for violating one or more of the Open Interactive Terms of Service, Open Interactive reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Open Interactive may at its own discretion allow access to a terminated account. If Open Interactive agrees to provide access to an account which has been terminated due to a Terms of Service violation, the customer will be subject to a one-time charge of $500 or more to cover the cost of hard drives, cloning, processing and shipping.

Dispute Resolution
Any dispute between Open Interactive and a subscriber shall be determined by arbitration conducted by the American Arbitration Association pursuant to its commercial arbitration rules. The arbitrator shall decide any dispute in accordance with Michigan law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in Ingham County, Michigan, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.

Indemnification
Customer agrees to indemnify and hold harmless Open Interactive Inc, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.