Terms and Conditions of Use
OSM Graphics reserves
the right to suspend or cancel a customer's
access to any or all services provided by
OSM Graphics when we decide that the account
has been inappropriately used.
Specific Acceptable Use Policies
Unsolicited Email (Spam)
Unsolicited commercial advertisements
are not allowed in e-mail, and will likely
result in account suspension or cancellation.
Commercial advertisements are unwelcome in
most Usenet discussion groups and on most
e-mail mailing lists. Inappropriate posting
may result in account suspension or cancellation.
Sending a message, especially an advertisement,
to more than five or six recipients, is by
itself spamming unless the individuals have
specifically requested to be added to a mailing
list on that topic. E-mail is a person-to-person
medium, not a broadcast medium. Upon your
first Spam offense your mail will be disabled
for 72 hours. Upon your second Spam offense
your entire domain will be disabled for 72
hours and you also may be fined. Upon your
third offense your account with OSM Graphics
will be terminated, you may again be fined.
No refunds will be given if your account is
terminated for Spam.
Server Abuse
Any attempt to undermine or
cause harm to a server, or customer, of OSM
Graphics is strictly prohibited.
Unauthorized use of other
people's accounts or computers OSM Graphics
will strongly react to any use or attempted
use of an Internet account or computer without
the owner's authorization. Such attempts include
"internet scamming" (tricking other
people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts
or computers by a OSM Graphics customer, whether
or not the attacked account or computer belongs
to OSM Graphics, will result in action against
the attacker. Possible actions include warnings,
account suspension or cancellation, and civil
or criminal legal action, depending on the
seriousness of the attack.
Hosting accounts may be terminated
that include the following content or which
have links to the following content:
-Providing material that is
grossly offensive to the Web community including
expressions of bigotry, racism, hatred, or
profanity
-Promoting or providing instructional information
about illegal activities, or promoting physical
harm or injury against any group or individual
-Displaying material containing nudity or
pornographic material
-Acts of copyright infringement including
offering pirated computer programs or links
to such programs, information used to circumvent
manufacturer-installed copy-protect devices,
including serial or registration numbers for
software programs, or any type of cracker
utilities
Payment Policies
All accounts are set up on
a pre-pay basis. Setup fees are charged for
all new accounts and major account changes
and are non-refundable. All pricing is guaranteed
for the term of pre-payment. OSM Graphics
reserves the right to change prices at any
time, unless other terms have been agreed
upon. All payment is in Canadian currency.
Cancellation
OSM Graphics reserves the
right to cancel service at any time. All fees
paid in advance of cancellation will be pro-rated
and paid by OSM Graphics if OSM Graphics institutes
it's right of cancellation. Any violation
of policies which results in extra costs will
be billed to the customer (i.e. transfer,
space etc.)
All of OSM Graphics's web
hosting plans are backed by a 30 day money
back guarantee. If you are not completely
satisfied with our services or support within
the first 30 days of your contract, you will
be given a full refund of the contract amount
excluding setup fees, domain nic fees and
overages. No refund is available after the
30th day. This policy does not apply to any
additional services such as overages, domain
nic fees, referrer logs, real audio/video,
additional disk space, additional pop accounts,
etc.
Lawful Purpose
OSM Graphics reserves the
right to refuse service to anyone. Customers
may only use OSM Graphics server for lawful
purpose. Transmission of any material in violation
of any Federal, State/Provincial or Local
regulation is prohibited. This includes, but
is not limited to copyrighted material, material
legally judged to be threatening or obscene,
and material protected by trade secrets. The
designation of any materials as such described
above is left entirely to the discretion of
OSM Graphics management.
Indemnification
Customer agrees that it shall
defend, indemnify, save and hold OSM Graphics
harmless from any and all demands, liabilities,
losses, costs and claims, including reasonable
attorney's fees asserted against OSM Graphics,
its agents, its customers, officers and employees,
that may arise or result from any service
provided or performed or agreed to be performed
or any product sold by customer, it's agents,
employees or assigns. Customer agrees to defend,
indemnify and hold harmless OSM Graphics against
liabilities arising out of; (1) any injury
to person or property caused by any products
sold or otherwise distributed in connection
with OSM Graphics's server; (2) any material
supplied by customer infringing or allegedly
infringing on the proprietary rights of a
third party; (3) copyright infringement and
(4) any defective products sold to customer
from OSM Graphics's server.
Disclaimer
OSM Graphics will not be responsible
for any damages your business may suffer.
OSM Graphics makes no warranties of any kind,
expressed or implied for services we provide.
OSM Graphics disclaims any warranty or merchantability
or fitness for a particular purpose. The includes
loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions
caused by OSM Graphics and its employees.
OSM Graphics reserves the right to revise
its policies at any time.
Failure to follow any term or condition will
be grounds for immediate account deactivation.