Terms of Service Agreement

PLEASE READ THIS AGREEMENT BEFORE ORDERING SERVICES. BY ORDERING SERVICES YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND THIS AGREEMENT, AND ARE AWARE OF OUR FEE STRUCTURE AND TERMS OF SERVICE.

PREMIER HOST, INC. the PARENT company of Ovica Web Hosting.

This WEB HOSTING SERVICE LEVEL AGREEMENT AND TERMS OF SERVICE AGREEMENT ("Agreement") is made and entered between Ovica. (hereinafter referred to as "OVICA") and ALL OVICA CUSTOMERS CREATING ACCOUNTS VIA WEB SITE WWW.OVICA.COM, OTHER RELATED WEBSITES AND/OR TELEPHONE ORDERS FOR WEB HOSTING SERVICES (hereinafter referred to as "Client"), effective as of the signing of this Agreement by the later OVICA or Client.

NOW, THEREFORE, in consideration of the mutual covenants, warranties, and representations herein contained and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged,OVICA and Client agree as follows:

Customers of Ovica agree to comply with the terms and conditions set forth below, and upon activation of customers account with Ovica, customer agrees to have reviewed the following terms and agree to be bound by the following terms. The Company reserves the right to change these terms of service, and recommends all subscribers to frequently view this contract.

In order for a customer to be a member of our service, and as a condition for participation, must agree to the following Terms and Conditions. In the event a customer breaches or otherwise fails to comply with any provision of these Terms and Conditions then in addition to any other remedy available to Ovica may terminate the participation of such websites and customers from network.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OVICA CONTENT AND SERVICES ARE PROVIDED ON "AS IS" AND "AS AVAILABLE" BASIS. OVICA DISCLAIMS ANY IMPLIED WARRANTIES. OVICA, ANY OF ITS EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES RESULTING IN USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY OVICA, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OF SERVICES, OR TERMINATION OF SERVICES.

Scope and Reach of Agreement:

Money Back Guarantee

All hosting accounts have a money back guarantee, upon cancellation within 30 days of payment, if the account holder is not satisfied with the service. The client must provide a valid reason for the cancellation, and the reason must be based on the service offerings of Ovica. In other words, Ovica does not provide refunds based on change of mind, and will only provide refunds if the service is lacking(i.e poor uptime). The amount refunded will be the dollar amount paid to Ovica by the account holder, less the bandwidth used by that account for the first 30 days of service, and any domain registration fees.

You may cancel your hosting account at anytime. Yearly prepay accounts are non-refundable after the first 30 days. However, this policy is at Ovica's discretion and will be considered on a case by case basis

Domain Registration Policy

Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of any free registration promotion - you must keep your domain name under our current domain name registration services . Ovica retains ownership of the domain name for the first week of service, pending all due diligence and credit card checks of the clients account. After this period, ownership of the domain is transferred to the clients name.

Service Availability

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. We cannot guarantee or predict server downtime. Any network problem, or outage, is not covered under any guarantee or warranty and will not be grounds for reimbursement for any subsequent financial damages or losses. Our uptime guarantee is as follows. Should your HTTP service experience less than 99.9% uptime for a calendar month, not including planned or network outages, we will credit your account with 1 week of hosting services. We will credit your account with a full week of hosting service for each subsequent 1% of downtime, up until a maximun of 4 weeks. All requests must be made in writing within 7 days of the calendar month in which service was down.
While we offer daily backups, all backups are the account holder's responsibility. Ovica.com is NOT responsible for your data backup or subsequent loss. Shared hosting accounts should not be used for mission critical websites or email that require absolute redundancy.


Account Renewal

All of our accounts are assumed active until cancelled. Thus, we will send you a renewal notice or invoice within 14-days of the account renewal. If we do not receive a complete cancellation through the billing and accounts admin area within seven days of your account renewal date, we will assume the account is valid and renew it. At this point, you are responsible for paying the renewal fees, even if you cancel. The reason for this is there are certain parts of your account, such as domain registration fees which will expire on your renewal date, and we must make payments on our end to keep your site online without interuption. Thus, we must be alerted of account cancellation SEVEN DAYS OR EARLIER from the date your account renews. If you cancel your account after this window has passed, we will renew your account. Should your card be rejected by the payment company at or after the renewal period, and a) you have not made a cancellation request, or b)attempted to update your credit or billing records so your account can be billed, we will forward this account onto a collections agency.
Unsolicited E-mail (anti-spam policy)

Accounts caught sending unsolicited (as defined by Ovica.com) email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and wmay be subject to a complain filing fee. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Ovica.com server and network.
Ovica.com reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Unsolicited email is defined, by Ovica.com as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

E xcessive Bandwidth Use

If your hosting account with Ovica exceeds your bandwidth allowance set for that account, you agree to pay for that overage. All of our Cpanel hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will automatically suspend until the next month.
Currently, the rate charged by for bandwidth is $2 per GB. If your account goes over its bandwidth allowance for the month, you must either upgrade your account or purchase additional bandwidth to cover your account bandwidth usage. If you choose additional bandwidth, you must purchase in 1 GB increments and you must purchase enough to cover the remaining term of your hosting account. All bandwidth/traffic/diskspace amounts are measured in MBytes/GBytes.

Account Termination

Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by Ovica will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on our servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. Websites with heavy traffic should not run BBS, webcams, forums and message board programs on our general hosting accounts, due to the massive amount of server resources they require. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required). Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network. We do not allow ANY Matt Wright script to be installed on our servers. For a list of the Matt Wright banned scripts, please see: www.scriptarchive.com
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.
In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
This Terms of Service may be amended, at any time, at the discretion of Ovica.com. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders.
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.

Excessive Resource Policy

Each account is allowed to use a reasonable amount of CPU power at any given time. Due to the nature of CPU and web hosting in general, we are unable to provide a specific percentage. However, we do enforce and require that all accounts only use a reasonable amount of CPU at any given time. If your account is found to affect other clients on the server, or if your account causes the web server to slow down for any reason, we may suspend your account. We will notify you of this suspension, depending on the circumstances it may be after the suspension has been performed. In this case, we may require that you either upgrade to a dedicated or semi-dedicated web hosting solution, or reduce the amount of load and traffic your web site receives. We may lock specific files or scripts if they are found to be overusing CPU on their own and notify you of this. Any attempt to hide, mask or disguise your usage will result in immediate termination without refund for TOS violation. Adult Hosting Policy We generally do not allow pornographic material on our servers. In the event that you require hosting services with Ovica, ovica will decide whether it fits the definition of pornography, and may deny services based on this.

Domain Name Registration and Renewal Policy

Ovica.com will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, and will not be grounds for compensation of financial loss.
An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domain names will not be registered, transferred and/or renewed until payment is received. If requested domain name is paid for, to Ovica.com and subsequently not registered, transferred and/or renewed by Ovica.com, the domain registration fee will be refunded.
By placing an order for domain registration, you agree to the Uniform Domain-Name Dispute-Resolution Policy, IP Claim Service Agreement and Registration Agreement.