Terms of Service

 

Current Hosting Terms & Conditions as of February 19, 2007

All SeekHost/Overnight Hosting Customers are bound by these terms of service. 

THIS AGREEMENT FOR SeekHost/Overnight Hosting SERVICES (the "Agreement") is made and effective as of the date of acceptance, by and between you, ("Customer") and ("Overnight Technologies, Inc.").

WHEREAS, Customer desires to utilize the SeekHost/Overnight Hosting services to develop Customer's presence on the World Wide Web. 

NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties hereto agree as follows: 

1. Overnight Technologies, Inc. Services 

Overnight Technologies, Inc. agrees to provide to Customer the SeekHost/Overnight Hosting services as set forth in Hosting Plans ("SeekHost/Overnight Hosting Services"). 

2. Payments and Invoicing 

2.1. Credit Card Customers shall pay monthly, quarterly, semi-annually or annually in advance for our service according to our current published rates Hosting Plans and as may be amended during the term of this agreement. Discounts are available for paying for more months in advanced.  You agree that failure to pay such charges is grounds for termination of all your services. Overnight Technologies, Inc. shall indicate any changes in fees, which shall become effective upon thirty (30) days' notice. 

2.2. Delinquent Accounts; Overnight Technologies, Inc. may terminate a Customer's account at anytime without notice for failure to pay or failure to provide new billing information within 30 days.

3. Cancellation 

Customer reserves the right to cancel account at any time. Customer will not receive any refunds excluding any over charges. All sales are final. Customer agrees that no refunds will be given in the event that the Customer?s account is terminated by Overnight Technologies, Inc., or Customer for any reason.

Furthermore, Customer agrees that no refunds will be granted for cancellations by Overnight Technologies, Inc. due to Customer spamming, or other violations of this agreement by Customer. Overnight Technologies, Inc. does not guarantee that the services will be uninterrupted or error-free from time to time due to system maintenance or abuse. 
Customer aggress to provide 24 hour notice prior to next credit card billing and all cancellations must be received by email to billing@overnighttechnologies.com or by calling 330-630-3535 during regular business hours.

The account username and password must be included for verification. 

4. Responsibilities of Overnight Technologies, Inc. 

4.1. Overnight Technologies, Inc. shall provide Customer with Web Hosting Service as set forth in Hosting Plans. Overnight Technologies, Inc. shall perform its services to the best of Overnight Technologies, Inc.'s ability. 

4.2. Overnight Technologies, Inc. reserves the right to refuse service to anyone at any time. If Overnight Technologies, Inc. should initiate termination of services with you, Overnight Technologies, Inc. shall provide sufficient notice to you in order to allow you to download your files. Should Overnight Technologies, Inc. initiate termination for any violations of this service agreement or server abuse, customers losses all rights to download any stored files on the Overnight Technologies, Inc. servers.

5. Responsibilities of the Customer 

Customer shall be solely responsible for all content available on or through its site hosted by Overnight Technologies, Inc., and shall at all times be subject to the terms of this Agreement.

5.1. Customer agrees not to use the SeekHost/Overnight Hosting service in any manner that is illegal or libelous.

5.2. Customer warrants that its site hosted with SeekHost/Overnight Hosting Services will not infringe or contain any content that infringes on or violates any copyright, U.S. Patent any third-party right, or violates any applicable law, rule or regulation. Overnight Technologies, Inc. shall have no obligations with respect to the content available on or through any site hosted on the SeekHost/Overnight Hosting Services, including, but not limited to, any duty to review or monitor any such content. Overnight Technologies, Inc. reserves the right to block any site that violates any of the above-stated terms, or which in Overnight Technologies, Inc.'s sole discretion, Overnight Technologies, Inc. deems objectionable or offensive, or otherwise violates a law or Overnight Technologies, Inc.'s policy. 

5.3. Third-party software available though Overnight Technologies, Inc. may be governed by separate end user licenses. You agree to be bound by the terms of such end user licenses regarding the applicable third-party software should you choose to download them. 

5.4. Customer agrees to abstain from conduct such as sending mass, unsolicited emails (SPAMMING) sending chain letters.  Overnight Technologies, Inc. does not tolerate any spamming activity. This includes, but is not limited to unsolicited broadcast or commercial bulk emails sent to addresses which do not affirmatively and verifiably request such material from that specific sender. Our aim is to protect our customers and all internet users from the negative effects of the "spam"-related activity. A record, clearly affirming that permission has been obtained from a recipient before a mailing is sent, may be required. Disregarding Overnight Technologies, Inc.?s spamming policy will result in warning, suspension or possible account termination with no refund. Overnight Technologies, Inc. may but is not obliged to forward to its customers valid complaints against them for their response and resolution. We require a 24-hour response for any complaint forwarded. If a response is not received Overnight Technologies, Inc. may block traffic to and from the domain involved in the problem.

Customer also agrees to abstain from using more than a reasonable amount of CPU and or MEMORY on the server, causing the server to become slow and unresponsive due to over-usage, violating the security of either Overnight Technologies, Inc. or other organization systems and computers. Customer's whose accounts are found in violation of this policy may, at the discretion of Overnight Technologies, Inc., have their account(s) terminated without notice and be subject to a $50 cleanup fee at the discretion of Overnight Technologies, Inc. Or in the case of bandwidth abuse the site will be throttled back to a speed more in line with the type of account in use.   

5.5 Metered bandwidth constitutes; that Overnight Technologies, Inc. will limit or throttle bandwidth to any customer?s site that are using more than their allotted limit.

All sites on Overnight Technologies, Inc. servers have full speed access to a dedicated port. High bandwidth sites with heavy scripting may violate section 5.4 and or section 6.1 of this agreement, therefore the customer must make sure the CPU and or MEMORY usage on their site is not deemed excessive. 

6. Site Content Restrictions

6.1. Customer is expected to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. Customer is expected to use his/her account for the purposes of maintaining a website only. Common sense is the best guide as to what is considered acceptable use. 

6.2. Customer's whose website promotes activities that violate federal, state, local laws and/or violation of U.S. export restrictions are also not welcome at Overnight Technologies, Inc.. This includes "warez" sites (freely distributing copyright programs), or sites promoting hacking and/or cracking programs. Websites of this nature are considered non-professional and are not welcome.

Customer's whose accounts are found in violation of this policy may, at the discretion of Overnight Technologies, Inc., have their account(s) terminated without notice and are subject to a maximum clean-up/disconnection fee of $50 which will be added to the handling fee of $35 for early termination should that apply at that time.

Additionally, Overnight Technologies, Inc. may contact the Software Piracy Association ("SPA") and other regulatory bodies such as FBI and other Governmental organizations and release any information in connection with any illegal activities relating to software piracy on the Customer's account. Illegal, pornographically explicit sites, Wording or pictures that directly insult religious groups & individuals are not tolerated on any customer sites and the content will be removed by Overnight Technologies, Inc. administrators, the customer will not be entitled to any compensation or recourse and will be asked to stop publishing such material, compliance will lead to cancellation of customers account. 

6.3 Overnight Technologies, Inc. does not allow any pornographic sites due to bandwidth issues associated with this type of site, any sites set-up in contradiction to this rule will be immediately stopped and the customer will have an opportunity to change to a non pornographic content site if this is not an option then canceling the account in this case no refund will be issued.  Child pornographic sites WILL be reported to the FBI. 

7. Warranties and Indemnification 

7.1. IN NO EVENT WILL Overnight Technologies, Inc.'s LIABILITY TO CUSTOMER ARISING OUT OF THIS AGREEMENT EXCEED THE AGGREGATE AMOUNTS PAID TO Overnight Technologies, Inc. HEREUNDER. IN NO EVENT WILL Overnight Technologies, Inc. BE LIABLE FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES ARISING OUT OF THE TERMINATION OF THIS AGREEMENT. IN NO EVENT WILL Overnight Technologies, Inc. BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING WITHOUT LIMITATION THE BREACH OF THIS AGREEMENT OR ANY EXPIRATION OR TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7.2. DISCLAIMERS Overnight Technologies, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCT OR SERVICE OF Overnight Technologies, Inc., INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES Overnight Technologies, Inc. MAKES NO REPRESENTATION THAT THE CUSTOMER SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND Overnight Technologies, Inc. SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. ALL SERVICES ARE PROVIDED AS IS.

7.3. YOU AGREE TO USE ALL Overnight Technologies, Inc.'s SERVICES AT YOUR OWN RISK. IN NO EVENT SHALL Overnight Technologies, Inc. BE LIABLE FOR ANY LOSS OF DATA, EMAIL, OR FILES, VIRUS INFECTION, DELAYS OR PERFORMANCE PROBLEMS DUE TO POWER OUTAGES, ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, OR DESTRUCTION OF PROPERTY. 

8. Term and Termination 

8.1. This agreement is effective when you accept Overnight Technologies, Inc.'s Web Hosting Services (Seek Host/Overnight Hosting and continues until terminated by either party. 

8.2. Either party may terminate this agreement for any reason with upon receipt of email to the other party however Overnight Technologies, Inc. may terminate the Agreement immediately if any of the terms of this contract are no met. 

9. Government of this Agreement 

You agree that the Laws of the State of Georgia govern Overnight Technologies, Inc.?s services. You agree that the state of Georgia in which Overnight Technologies, Inc. is located shall be the location for any legal action relating to our services. 

Overnight Technologies, Inc. can change this agreement at any time. By continuing to use our service you agree to the terms of this agreement. You may not amend or change this agreement unless Overnight Technologies, Inc. agrees to it in writing.

 

To report an incidence of abuse, please report it to abuse@overnighttechnologies.com