Outstanding.biz - Terms
Of Service - Legal Disclaimer
DOMAIN PARKING
==============
1. There is no charge
for indefinite parking
of domains on OUTSTANDING.BIZ
servers or to transfer
to another service
provider.
2. Domain Parking
does NOT include
Web Space or Virtual
Hosting. You are
not provided with
the option to submit
your own DNS entries
as we are NOT a
Registrar and therefore
assume that you
wish to obtain your
hosting services
directly through
OUTSTANDING.BIZ.
GENERAL
=======
1. OUTSTANDING.BIZ
claims no control
whatsoever over
the content of the
information passing
through the OUTSTANDING.BIZ
WEB SYSTEM. OUTSTANDING.BIZ
makes no warranties
of any kind, whether
expressed or implied,
for the service
it is providing.
OUTSTANDING.BIZ
also disclaims any
warranty of merchantability
or fitness for a
particular purpose.
2. OUTSTANDING.BIZ
will not be responsible
for any damage you
suffer. This includes
loss of data resulting
from delays, non-deliveries,
or service interruptions
caused by its own
negligence or your
errors or omissions.
3. OUTSTANDING.BIZ'S
WEB HOSTING SYSTEM
may only be used
for lawful purposes.
Transmission of
any material in
violation of any
Federal, Provincial
or local regulation
is prohibited. This
includes, but is
not limited to copyrighted
material, material
legally judged to
be threatening or
obscene, or material
protected by trade
secret.
4. We have the
right to refuse
to host adult content
and to remove it
from our servers
at any time. Further,
you are not permitted
to distribute material
promoting hatred
against individuals
or groups or any
content which may
be deemed to be
illegal according
to the laws of your
country of residence.
We reserve the right
to decline requests
for web space rentals
and to cancel any
account at our discretion.
You are also not
permitted to distribute
material promoting
any form of network
abuse (such as bulk
spam mailers, sniffers,
or hacking tools).
5. At OUTSTANDING.BIZ
and its officer's
discretion, access
to OUTSTANDING.BIZ'S
WEB HOSTING SYSTEM
may be revoked at
any time for abusive
conduct on the system
and/or the Internet
and its resources
as a whole. Sending
spam (unsolicited
email) from a domain
or about a domain
is considered abuse
of the system and
will result in the
termination of your
account. OUTSTANDING.BIZ
and its officers
are deemed as authority
to define abusive
conduct to the system,
and definitions
may periodically
change or be amended
to previous ones.
6. You may not
compile or install
binary files other
than the ones provided
on the system. We
do not make C compilers
available for our
web clients, and
the PERL binaries
provided will *not*
have networking
support (for example,
socket.ph, ftp.pl,
etc.) However, if
there is any program
which you'd like
added to the available
system binaries
or scripts please
check with your
sales representative
to arrange approval.
7. You agree to
indemnify and hold
harmless OUTSTANDING.BIZ
from any claims
resulting from your
use of the service
which damages you
or another party.
8. Use of any information
obtained via OUTSTANDING.BIZ'S
WEB HOSTING SYSTEM
is at your own risk.
OUTSTANDING.BIZ
specifically denies
any responsibility
for the accuracy
or quality of information
obtained through
its services.
9. Telnet and Shell
Access is strictly
prohibited.
10. You may use
ftp to access your
home directory for
the purpose of installing
and editing your
web pages as often
as necessary.
11. These Terms
and Conditions supersede
all previous representations
understandings or
agreements and shall
prevail notwithstanding
and variance with
terms and conditions
of any order submitted.
12. If the disk
usage, transfer
limit or number
of email accounts
of a hosted package
is exceeded, the
user's account will
be charged for extra
bandwidth, disk
space and/or email
accounts according
to our present pricing
policy. Warning
messages will be
emailed to users
as they exceed 80%
and 90% of their
package's respective
bandwidth and disk
space limits. Annual
accounts that incur
extra usage charges
will be invoiced
separately. If payment
for extra usage
is not received
within two weeks
of the invoice date,
the expiry date
of the account will
be adjusted according
to the amount outstanding.
13. Without prior
notification, OUTSTANDING.BIZ
reserves the right
to suspend or terminate
accounts, remove
or modify any files
which are deemed
to be a threat to
the functionality
or existence of
OUTSTANDING.BIZ'S
WEB HOSTING SYSTEM.
14. OUTSTANDING.BIZ
will provide a 30
day money back guarantee.
The 30 days start
from the earliest
of - the day we
receive the electronic
order form, the
day customer signs
up via fax. In any
case, the set-up
fee, extra bandwidth
and extra storage
space charges are
not refundable.
15. Cancellations
will NOT generate
ANY refund.
16. Miva Merchant
license keys are
nonrefundable.
17. If any OUTSTANDING.BIZ
account is generating
web traffic considered
unusually high,
we may require the
site to be placed
on a Heavy User
server Virtual Server.
We reserve the right
to make this determination
at our discretion.
18. Use of OUTSTANDING.BIZ'S
WEB HOSTING SYSTEM
constitutes acceptance
of these Terms and
Conditions.
OUTSTANDING.BIZ, SERVICE
LEVEL AGREEMENT
(SLA)
=======================
NETWORK UPTIME
GUARANTEE
=======================
Service Uptime.
OUTSTANDING.BIZ's target
uptime for the Service
is 99.9% of the
time in every calendar
month. OUTSTANDING.BIZ
also guarantees
that the email services,
web serving services,
DNS services, and
the OUTSTANDING.BIZ
network will be
available and function
for a minimum of
99.9% of the time,
not including scheduled
maintenance windows.
OUTSTANDING.BIZ's, multi-redundant
network architecture
permits operation
without service
degradation or CUSTOMER
interruption in
the case of maintenance
or equipment failure.
OUTSTANDING.BIZ
will use commercially
reasonable efforts
to meet or exceed
service levels.
If OUTSTANDING.BIZ
fails to meet the
foregoing 99.9%
service levels set
out below in a rolling
two month period,
then CUSTOMER will
be entitled to receive
a credit for such
outage in accordance
with the schedule
below. CUSTOMER
will be entitled
to deduct said credit
for such amounts
otherwise payable
to OUTSTANDING.BIZ
hereunder, calculated
in accordance with
the table below
for each month (computed
by reference to
a 31 day month),
if more than 20%
of the CUSTOMER
users are affected.
If the actual availability
for any three month
period is less than
98.00%, CUSTOMER
will have the right
to terminate this
Agreement for breach
of contract.
| Availability |
% Monthly Service
Credit |
| 99.40 - 99.70 |
10% |
| 99.00 - 99.40 |
20% |
| 98.00 - 99.00 |
30% |
| 97.00 - 98.00 |
40% |
| 96.00 - 97.00 |
50% |
| 95.00 - 96.00 |
60% |
Maintenance Services.
OUTSTANDING.BIZ will
provide maintenance
as long as this agreement
is in effect without
charge. Maintenance
windows are scheduled
at times which least
impact our CUSTOMERS
based on minimal overall
activity on the OUTSTANDING.BIZ
web hosting systems
which may vary from
month to month.
Notwithstanding
the preceding, OUTSTANDING.BIZ
reserves the right,
in its reasonable
discretion, to perform
any emergency work
outside of any Maintenance
Windows in order
to keep the OUTSTANDING.BIZ
System functioning
in accordance with
appropriate Service
Levels. If advance
notice has been
provided, periods
of time the Service
is unavailable during
Emergency maintenance
windows will not
be included in calculating
the service levels
actually achieved.
Software and hardware
failures resulting
from a third party
intrusion (i.e.
denial of service
attacks) are excluded
from the uptime
guarantee. Private
label DNS (domain
name servers) require
3 DNS entries, the
third of which is
OUTSTANDING.BIZ'S generic
DNS. OUTSTANDING.BIZ
also does not provide
any service guarantees
for Microsoft Access,
ASP, Cold Fusion
or Miva. Website
or email services
downtime resulting
from misuse by the
CUSTOMER'S end users
will not be recorded
as downtime when
calculating credits.
Credits for affected
websites must be
applied for within
60 days of the occurrence
of the problem.
OUTSTANDING.BIZ'S Technical
Services will be
responsible for
problem investigation
and will provide
a written response
to the CUSTOMER
explaining the results
of their investigation.
In the event there
is a dispute of
findings, OUTSTANDING.BIZ
reserves the right
to make the final
decision on whether
credits will be
provided to the
CUSTOMER.
COLDFUSION - MIVA
- ASP
=======================
Please note Coldfusion
(.cfm), Miva and
ASP (.asp) services
are hosted on a
closed source platform.
The 99.9% guarantee
does not apply for
these services.
ACCESS DATABASES
=======================
Access is not designed
for, nor recommended
for use on busy
websites. Due to
this, we can not
guarantee performance
for websites which
make use of Access
databases. We recommend
using MySQL or MS-SQL
for increased performance
and reliability.
EASYMAIL/MAILING
LISTS
=======================
1. EasyMail E-Mail
Accounts are restricted
to a maximum size
of 50MBytes of space
on the EasyMail
e-mail server. If
this space is exceeded,
this may result
in e-mail being
lost or your account
being suspended
or terminated.
2. EasyMail E-Mail
Accounts are restricted
to a maximum e-mail
transfer of 20MB
per Mail Server
request. This is
restricted by the
Mail Server.
3. Deletions of
EasyMail Accounts
are queued for execution
once a day (overnight).
DOMAIN REGISTRATIONS
===============
1. Virtual Hosting
will be active 24
hours after the
initialization process
begins (Final Confirmation
is e-mailed to the
client with subject
'Final Service Confirmation').
This includes DNS
Support and Web
Hosting Support.
HEAVY USER SERVER
=================
1. This server is
available by approval
by a Senior OUTSTANDING.BIZ.com
officer only.
DISPUTES BETWEEN
DOMAIN NAME HOLDERS
AND THIRD PARTIES
=================
The applicant acknowledges
that any third party
may, for whatever
reason, challenge
the use by the applicant
of the domain name
before an Administrative
Domain Name Challenge
Panel (ACP) in accordance
with the WIPO ACP
rules. The applicant
further acknowledges
that the decisions
of an ACP may determine
rights of applicant
or other parties
or both to the use
of a particular
domain name, and
that, with respect
to its right to
use a particular
domain name or names,
it will be bound
by ACP decisions
OUTSTANDING.BIZ
is a Web Hosting
Service owned
and maintained
by OUTSTANDING.COM
Inc.
For additional
information
regarding
outstanding.biz's
terms of service,
please contact
support@outstanding.biz.
