Technical Requirements

In using the Ovaleye LLC (hereafter known as Ovaleye) website, we assume our customers have a general knowledge of the products and services we offer. And, in knowing this, have a general understanding of the Internet, its complexities, and limitations. Customers of Ovaleye agree to maintain his or her own computing equipment responsibly. By agreeing to these terms, the customer acknowledges that Ovaleye will not provide technical support for any software and/or script that the Customer installs. Ovaleye supplies technical support for web hosting, domain name registration, and Sitebuilder issues only. Ovaleye is the sole arbiter as to what constitutes a "web hosting," "domain name," and "Sitebuilder" issue.

The Customer in establishing an account with Ovaleye agrees to protect his or her Customer login ID and password.

Ovaleye does not allow any person to attempt to undermine or harm Ovaleye's server, software, system, or other customers of Ovaleye. If a customer uploads a virus on Ovaleye's server, the account of the offender will be immediately terminated and will face service charges and/or prosecution.

Accounts and Content

It is not Ovaleye's responsibility to update our clients contact information. It is up to the client to keep Ovaleye informed.

Transfers provided by Ovaleye as a courtesy service can not guarantee the time required to complete the transfer. Free transfers are good up until 25 days from the time you sign up with Ovaleye. You will be charged after 25 days.

Improper Uses of Services

Spamming

The CAN-SPAM Act of 2003, or Controlling the Assault of Non-Solicited Pornography and Marketing, has made "spamming" an illegal activity. The act of sending 100 emails in a 24 hour period, 1,000 emails in a 30 day period, or 10,000 emails in a year period with out the recipient opting in, often including false or deceiving subjects is considered spam.

Pornography

Pornography, or any other pornographic related material or links to pornographic content elsewhere is prohibited from sites hosted by Ovaleye.

Examples of unacceptable material or use with a hosting account include:

• Lottery/Gambling
• Commercial Audio Streaming
• Pirated Software
• Ponzi or Pyramid Scheme
• Hacker focused sites
• Streaming live events
• Websites that promote criminal activity
• Sale of controlled substance

Malicious Practice of Registering Domain Names

Ovaleye partners with Network Solutions in registering domain names. By agreeing to these Terms of Use, a customer of Ovaleye also agrees to that of Network Solutions terms of use in regards to domain names. The following pertains to our clients.

• The Registrant, or owner of a domain name purchased for the Ovaleye Web site must not, directly or indirectly, through registration or use of its register a Domain Name for the purpose of selling it
• diverting trade from another business or web site
• deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's good will
• register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another registrant from registering it

The Registrant must not in any way transfer or purport to transfer a proprietary right in any domain name registration, grant or purport to grant a registered domain name as security, or encumber or purport to encumber a domain name registration.

Unauthorized Activity

The resale of Services and Products without authorization or consent from the originating party is prohibited. Violating copyrights, trade marks, patents, or other intellectual property is prohibited.

Ovaleye does not tolerate the sending of unsolicited email, bulk emails or spam. Any Customer that uses their account as spam will be terminated immediately.

Ovaleye does not allow the reselling of shared account web hosting to other people. Any Customer that resells their shared hosting will have their account terminated. If you would like compensation for promoting Ovaleye services please inquire about our Affiliate Program.

System or Network Interferences

• Introduction of malicious programs into Ovaleye's network or server (e.g., viruses and worms).
• Effecting security breaches or disruptions of Internet communication.
• Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access.
• For purposes of this "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
• Executing any form of network monitoring which will intercept data not intended specifically for Customer.
• Circumventing user authentication or security of any host, network or account.
• Interfering with or denying service to any user other than Customer (for example, denial of service attack).
• Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
• Creating an "active" full time connection on an Ovaleye-provided account by using artificial means involving software, programming or any other method.
• Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of Ovaleye, including but not limited to altering, removing or in any way modifying or tampering with Ovaleye created log files.
• Any action which Ovaleye determines, in its own judgment, will reflect poorly on Ovaleye or negatively impact its operations. Any action which Ovaleye deems to be an unacceptable use of resources, business practice or otherwise unacceptable to Ovaleye.

Billing

Providing false information when providing information for billing in exchange for goods in services is prohibited.

Terms of Service

Reoccurring Payments

By submitting a credit card on the order form, Customer agrees that all monthly or yearly hosting fees are recurring. The Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees. Customer will not receive a refund for any setup fees or any fees other than the monthly or yearly recurring hosting fees. Fees resulting from extra services or "add-ons" are not classified as monthly or yearly recurring fees and thus are not refundable.

Payment Due Dates

Payment for any charges is due upon the date of the invoice. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Any charge that is not paid within thirty (30) days from the date of the invoice shall be subject to an interest rate of 1.5% per month, or the maximum allowed by law. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due Ovaleye.

Refund

When purchasing from the Ovaleye Web Solution website, the customer has 30 days from date of account setup to be eligible for a refund with exception to the purchase of domain names, which are non-refundable. All refunds requested with a "valid complaint" will receive a refund of the charged periods. Specifically from beginning of sign up to month's end and following charged months if the beginning of the month and its charge have fallen in the 30 day period. What constitutes a "valid complaint" shall be determined by Ovaleye in its sole and absolute discretion.

Websites which Ovaleye must suspend or cancel due to violation of these rules are not eligible to receive a refund under Ovaleye's 30 day money back guarantee, and are subject to charges for bandwidth and usage of resources.

Ovaleye will not be responsible for failures to fulfill any obligations due to causes beyond its control. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, Domain Registrar delays, errors or omissions, or account termination for violation of policies.

Technical Problems

On occasion, technical and other problems may delay or prevent delivery of your product. Your exclusive and sole remedy with respect to product that is not delivered within a reasonable period will be either replacement of such product, or refund of the purchase price paid for such product, as determined by Ovaleye.

Warranty

The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

Termination

Ovaleye reserves the right to terminate this agreement and withdraw any services immediately if the customer forgoes outstanding payments accrued from the services and products provided by Ovaleye and if he or she violates any of the Ovaleye Terms of Use agreement. Withdrawing services may end in the deletion of customer content.

Liability Disclaimer

Ovaleye does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free. Ovaleye does not represent or guarantee that the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Ovaleye disclaims any liability relating thereto. Ovaleye will make every effort to ensure that our hosting uptime, sitebuilder, and domain registrar will be in an acceptable condition for our clients at all times.

You acknowledge and agree that your submission of information is at your sole risk, and Ovaleye hereby disclaims any and all liability to you for any loss or liability relating to such information in any way. Ovaleye is committed to protecting your privacy and will not voluntarily share, sell, or rent your information unless required to do so by law.

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Ovaleye be liable to you or to any other person for losses or damages of any nature arising out of or in connection with the use of or inability to use the service.