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Terms and Conditions of Services
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--- Begin Web Hosting Agreement ---

Sound Stage Entertainment, Ltd (DBA ONC Hosting)
Web Hosting Agreement
Terms & Conditions
Terms of Service

AGREEMENT
This agreement is between Sound Stage Entertainment, Ltd. (hereinafter referred to as PROVIDER), and the on-line individual or entity who is applying for Web Hosting Services, (hereinafter referred to as CLIENT). CLIENT agrees to an on-line, paperless subscription service, which will be automatically charged on a recurring basis until the service is explicitly cancelled by either CLIENT or PROVIDER. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT's knowledge. CLIENT agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature.

CONTENTS

 
GENERAL

AUTHORIZATIONS.
CLIENT will use PROVIDER's services in a manner consistent with all applicable local, state, and federal regulations and laws. CLIENT agrees to pay and authorizes PROVIDER to charge all fees due using the payment information provided by CLIENT at the time of application.

DISCLAIMER.
PROVIDER will not be responsible for any damages suffered by CLIENT. PROVIDER'S service is provided on an "as is, as available" basis. PROVIDER gives no warranty, expressed or implied, for the PROVIDER's services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PROVIDER and its employees. Any damages incurred by CLIENT due to disruption of service by PROVIDER or its providers shall be expressly limited to the fees paid by CLIENT to PROVIDER for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.

INDEMNIFICATION.
CLIENT agrees that it shall defend, indemnify, save and hold PROVIDER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PROVIDER, 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. CLIENT agrees to defend, indemnify and hold PROVIDER harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a PROVIDER server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
PROVIDER expects that its CLIENTs will fully comply with all applicable laws. A customer's failure to comply with those laws will violate this policy. Finally, PROVIDER wishes to emphasize that in accepting services, CLIENTs indemnify PROVIDER for the violation of any law or PROVIDER policy that results in loss to PROVIDER or the bringing of any claim against PROVIDER. This means, among other things, that if PROVIDER is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PROVIDER plus costs and reasonable attorneys' fees.

CLIENT RESPONSIBILITIES.
Effective use of PROVIDER's services presumes a certain degree of knowledge and skill on the part of the CLIENT. For example, it is presumed that CLIENT possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, Telnet, and web-browsing. Creating and publishing a web site on PROVIDER's servers will require some knowledge of either HTML programming or the use of HTML editors, such as Microsoft FrontPage. Certain advanced applications may require a certain level of competence with CGI/Perl programming applications. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required. PROVIDER will not be held responsible for CLIENT's inability to use PROVIDER's services due to CLIENT's lack of the requisite knowledge and skills.

NOTIFICATIONS.
PROVIDER relies on e-mail as the primary means of notifying CLIENTs of important system news, problems with CLIENTs' accounts or usage of those accounts, billing problems, etc. Any notifications will be e-mailed to CLIENT domain's primary e-mail address and/or to the contact e-mail address provided by CLIENT upon application for services. CLIENT agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications. CLIENT agrees to notify PROVIDER of any changes to CLIENT's physical or e-mail address, telephone numbers, etc.

POLICY CHANGES.
These policies may change with or without notice. CLIENT agrees to comply with these policies in their current and future state. CLIENT agrees to periodically review published policies to ensure understanding of and compliance with current policies.

REFUSAL OF SERVICE.
PROVIDER reserves the right to refuse or cancel service at PROVIDER's sole discretion, with or without reason, with or without warning.

ACCEPTANCE.
CLIENT expressly understands, acknowledges, and agrees that in submitting an application and paying for any and all services to be rendered by PROVIDER, CLIENT shall abide by all Terms and Conditions stated herein.

JURISDICTION.
CLIENT agrees to submit to the jurisdiction of the applicable municipal, county, state or federal court of PROVIDER's physical residence for any litigation, mediation, or arbitration which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of PROVIDER's residence. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney's fees and court costs.

 
ACCEPTABLE USE POLICIES

USER-SUPPLIED CONTENT.
CLIENT is solely responsible to create and publish all of their own web content.  This includes moving their site files and/or e-mail settings to the PROVIDER's web servers.
All services may be used for lawful purposes only. Through PROVIDER's Service, CLIENT may have access to chat areas, bulletin boards, web pages, e-mail, or other services that enable CLIENT to send or post materials ("content") and make that content available to others. CLIENT must not submit, publish, or display on the Network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, CLIENT may not submit, publish, or display any content that violates any US Federal, State, or Local law. CLIENT is solely responsible for the content made accessible through the Network. CLIENT may not use the Service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.
PROVIDER is not obligated to monitor the network to examine available content. CLIENT hereby acknowledges that if PROVIDER is made aware of content that is determined to be, in PROVIDER's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, PROVIDER has the right, but not the obligation, to edit, remove or deny access to such content. PROVIDER may disclose any content or records concerning CLIENT's account as required to satisfy any law, regulation, governmental request or court order.
Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to PROVIDER's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk e-mail service is not allowed.

EXAMPLES OF PROHIBITED SERVICES.
The following content and activities may not be displayed or promoted by CLIENT nor associated in any way with CLIENT's account or PROVIDER's services. PROVIDER shall be the sole arbiter as to what constitutes violation of this provision.
Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or local law.
Copyrighted material used without permission.
Material or activities judged by PROVIDER to be threatening, obscene, disparaging, or hate-related.
Material protected by trade secret or other statute.
Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere, unless you have purchased an Adult Hosting Package.  In such a case, you are limited to content that is legal  and generally acceptable in the United States of America, subject to limitations that may be imposed by local legislature.  CLIENT agrees to hold harmless and indemnify PROVIDER from any action, whether criminal or civil, that may arise from CLIENT's hosting, domain name, or content uploaded and conveyed to and from their hosting package.
Content that promotes any illegal or prohibited activity.
Content that may be damaging to PROVIDER's servers or to any other server on the Internet.
Pirated software (warez).
Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.
IRC, IRC Bots, IRC BNC, etc.
Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services.
Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to PROVIDER and/or any CLIENT in any way.
Illegally distributed MP3 media.
Harassing, annoying, or otherwise interfering with any person's, group's, or organization's use or enjoyment of the Internet experience.
Links or reference to any of the above.

NETWORK SECURITY
CLIENT may not use PROVIDER's Network in an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the CLIENT, logging into a server or account the CLIENT is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. CLIENT may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. PROVIDER will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

CGI/PERL APPLICATIONS.
Each account comes with its own cgi-bin. CLIENT is free to use any CGI script desired; however PROVIDER reserves the right to disable any CGI script that adversely affects normal server performance or network integrity. CGI-script sharing with domains not hosted by PROVIDER is not allowed.  PROVIDER does not offer support for third party CGI scripts that CLIENT installs.

CRON ACCESS.
Cron access may be enabled on a case-by-case review basis. Cron jobs shall be limited to one per day, and must be scheduled to run between midnight and 5 a.m. To request crontab access, e-mail support with a description of the application you wish to run.

BACKGROUND RUNNING APPLICATIONS.
Background daemons in general are prohibited. PROVIDER will consider requests to allow these applications on a case-by-case review basis. If allowed, extra charges will be assessed based on resources and system maintenance needed.

SERVER RESOURCES
Any web site that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.

INTERNET RELAY CHAT (IRC).
IRC, IRC bots, BNC, or MUDs may not be operated on PROVIDER's servers.

UNSOLICITED E-MAIL (SPAM).
PROVIDER's servers may not be the source, intermediary, or destination address involved in the transmission of unsolicited bulk e-mail (UBE), unsolicited commercial e-mail (UCE), spam, off-topic newsgroup posts, flames, or mail bombs. CLIENT's domain may not be referenced or traceable in any way as a result of any of the above. PROVIDER reserves the right to refuse and/or cancel service to known spammers. PROVIDER reserves the sole right to determine what constitutes violation of this provision.
SPAM is any unsolicited e-mail, post, or facsimile in the newsgroup, e-mail, fax, or other electronic medium. Any unsolicited commercial email (no matter how relevant or important it may be) is spam; any unsolicited bulk email (commercial or not) is also spam. Mass and unsolicited are not concurrent conditions for spam. One and/or the other is sufficient. In the medium of newsgroups, spam is considered to be any off-topic posting and/or any identical posting to multiple newsgroups.

Any spam complaints received about CLIENT domains are addressed seriously. After investigation, if it is deemed by PROVIDER that spamming practices have indeed been utilized on PROVIDER's servers, PROVIDER reserves the right to terminate a domain account immediately with no refund and to assess a $500 penalty per spam incident. CLIENT expressly accepts PROVIDER's right to assess this penalty and agrees to its assessment and payment.

We also limit all CLIENT accounts to sending 50 e-mails per hour.


Clarification on UCE and UBE. Unsolicited commercial e-mail is, simply put, sending an email to someone you don't personally know or a company you don't have a relationship with. If you come upon e-mail addresses in a web site you visit, the simple existence of an e-mail address in a web-site does not imply acceptance of unsolicited commercial e-mails. A request for link reciprocation is just that, unsolicited and commercial. Unless, of course, a working relationship already exists between you and the other party. Unsolicited bulk e-mail is the sending of UCE to more than one recipient at a time.

SERVER ABUSE.
Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.
Please note that while CGI/PERL scripts and/or mSQL/mySQL code can unintentionally cause server malfunction, PROVIDER will make the final determination if the code was maliciously programmed. If the code was programmed incorrectly but not out of apparently malicious intent, PROVIDER will disable the program, but not cancel CLIENT's account.

TRAFFIC.
CLIENT account receives a monthly traffic/bandwidth allocation according to the type of account applied for. Thereafter, normal data transfer costs will apply.
PROVIDER will be the sole arbiter as to what constitutes a violation of this provision.

TRAFFIC OVERAGES.
PROVIDER will make every reasonable effort to notify CLIENT of projected traffic overages prior to any action being taken to disable CLIENT's account. However, PROVIDER reserves the right to disable CLIENT's account without prior warning due to traffic in excess of the account allocation. In some cases, "unusual" traffic patterns will cause an automatic disablement of CLIENT's account without warning.
Bandwidth usage is calculated weekly around midnight on Monday morning. A monthly projection is calculated at that time based upon month-to-date actual usage. If the projection exceeds the account allocation, an e-mail warning is sent to the CLIENT. If actual bandwidth usage exceeds the allocation, the account is automatically disabled; the CLIENT is notified via e-mail of the disablement, and is given the option of purchasing additional bandwidth to re-enable the account. CLIENT is not automatically charged for excess bandwidth usage without agreeing to the charges in advance. However, payment for excess bandwidth usage will be required before the account can be re-enabled.

TECHNICAL SUPPORT.
While PROVIDER will make every reasonable effort to help CLIENTs with all of their questions, there are some times when PROVIDER must either refer CLIENT to the manual, or confess an inability to help. It is impossible for PROVIDER to support all of the countless 3rd party programs and configurations that are available to web developers and users today.
To assist CLIENT in knowing PROVIDER support boundaries, here's a guideline to what's supported and what's not.

What's Supported:
Server-Side Issues such as:
Password Changes
Server Failure
General Questions
E-mail issues
FrontPage extension issues
Web-based control panel questions
Client-Side Issues such as:
Inability to connect to server space.
Internic Assistance
Domain name registration/modification issues for current or prospective clients

What's Not Supported:
CGI-scripts - preinstalled or 3rd party
Moving your web files from your old server to our server.
Web Page development or programming
ISP troubles
3rd party software, including FrontPage and other HTML Editors
mSQL/mySQL database
Miva Merchant or Miva Order (support for these applications are provided by Miva Corporation directly.)
Internic assistance when the domain in question is not hosted or will not be hosted on our servers.

If you require support for any of the items mentioned above, you will be charged a $100.00 per hour web-mastering fee.


TELEPHONE SUPPORT.

Client agrees to use our forums and support ticket system prior to initiating telephone support.

PROVIDER offers limited telephone support to CLIENTS. CLIENT agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period (when CLIENT receives PROVIDER's voice-mail message system). Telephone support is not available and shall not be used for non-supported items as described above. CLIENTs who abuse telephone support privileges may, at PROVIDER's sole discretion, have telephone support privileges revoked and/or incur a charge of $25.00 per call. PROVIDER shall have sole authority to determine violations of this policy.

RESOLD WEB SPACE.
CLIENT may subdivide and give away or resell for profit web space and other services on CLIENT's account to other users. CLIENT's clients must adhere to these policies and guidelines, too. Any infraction from CLIENT domain, regardless of the source, shall be treated as a violation by the CLIENT. If an infraction is serious enough (server tampering, spam, etc.), CLIENT account can and will be cancelled without refund, without warning.

Monitoring Resold Server Space. It is up to the CLIENT as a reseller to monitor resold web space. PROVIDER cannot apply server space restrictions to any directory.

Technical Support for Resold Web Space. CLIENT shall be the first point of contact for resold web space. PROVIDER will not support CLIENT's clients directly.

DOMAIN NAME REGISTRATION.
PROVIDER will provide reasonable assistance to CLIENT in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying CLIENT with the necessary information to effect registration or modification of CLIENT domain. PROVIDER will not, under any circumstances, make changes to any part of a domain name record except nameserver and technical contact information relating to the pointing of CLIENT domain name to PROVIDER's servers.
CLIENT is responsible for payment of all applicable domain name registration and renewal fees, with the following exception:


 
CANCELLATION POLICY
CLIENT bears all responsibility for ensuring effective cancellation of CLIENT account. This responsibility includes providing effective and authenticated notification to PROVIDER of CLIENT's desire to cancel an account. This responsibility shall not be waived or modified by PROVIDER or CLIENT in any way at any time subsequent to the submission by CLIENT of an application for PROVIDER account. PROVIDER will act immediately to implement CLIENT's cancellation notice, providing the terms of this cancellation policy have been followed.
CLIENT must provide effective notice of cancellation at least 24 hours prior to the expiration of the current paid hosting period in order to avoid charges for future hosting periods. All charges will cease immediately upon PROVIDER's receipt of notice of cancellation. No refunds are provided for unused services.
Accounts may be cancelled by sending an e-mail to accounts@onchosting.com from the e-mail address that we have on-file for your account.  For security, you may be asked for the following information in order to successfully cancel the account.
Providing the original account password provided with initial account setup; and/or
providing the first 4 and last 4 digits of the credit card number or checking account number used to pay for the account.
All cancellation requests are processed and confirmed via email by PROVIDER within 24 hours of receipt of the cancellation request. Requests for cancellations to take effect on some future date and time will not be accepted -- submission of the cancellation request form shall be assumed to be authorization for immediate account cancellation. At the time of cancellation, all services related to the account will be terminated, and all files remaining on the account will be permanently deleted from PROVIDER's servers.
If CLIENT does not receive confirmation of cancellation, cancellation can not be assumed to have been effected. It is CLIENT's responsibility to ensure that a cancellation confirmation is forthcoming from PROVIDER. The purpose of requiring confirmation of cancellation is to protect both CLIENT and PROVIDER from inaccurate claims of cancellation and notification.
If CLIENT has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve CLIENT of any outstanding financial obligations.
If CLIENT is taking advantage of PROVIDER's free domain registration and renewal offer, and the account has not met the minimum commitment or other requirements provided under the terms and conditions of that offer, CLIENT will be automatically charged all applicable domain registration fees at the time of cancellation.
PROVIDER does not monitor account usage or the status of domain name records on PROVIDER's servers. If CLIENT transfers CLIENT domain without notifying PROVIDER of a desire to cancel the account, or if CLIENT allows domain registration to expire without renewal, CLIENT will continue to be charged/billed, even if PROVIDER learns that CLIENT domain has been transferred or expired. PROVIDER's services are independent of account usage and domain name records, and remain in effect regardless of the status of CLIENT's domain name record.

14 DAY, 99% HOSTING UPTIME GUARANTEE:
Under norman circumstances, the PROVIDER's server run with a 99% up time.  This is above industry average.  If the server goes down more than 0.01% of the time in the first 14 days or opening their account, the CLIENT will, at his/her option recieve a refund of their initial payment, without penalty.

CLIENT REVOCATION OF PAYMENT:
The issuance of credit card chargebacks, check stop-payments, or any other attempt by CLIENT to revoke a payment or payments with the intention of circumventing any section of this agreement shall constitute criminal fraud and will impose on CLIENT criminal penalties as well as civil penalties equal to the greater of 1) three-times actual damages, or 2) $2,500. In addition to the aforementioned monetary damages, CLIENT agrees to pay PROVIDER's attorney's fees, court costs, and all other direct and incidental costs arising out of PROVIDER's efforts to enforce this clause.

 
SECURITY
PROVIDER implements the latest technology for providing a secure and encrypted environment for information protection. There is no guarantee that the information on the Internet is absolutely secure and may never be destroyed. CLIENT agrees to indemnify and hold PROVIDER harmless in case of information loss or loss of privacy.
PROVIDER is not responsible for any damages arising from CLIENT's use of or by CLIENT's inability to use the server, web hosting packages, or any other services for any reason.
PROVIDER shall make every reasonable effort to protect and backup data for CLIENT on a regular basis. PROVIDER is not responsible for CLIENT's files. CLIENT is solely responsible for their independent backup of data stored on PROVIDER's server and network. PROVIDER assesses a fee for backup restoral of lost data.
PROVIDER is not liable for and does not guarantee the protection or privacy of electronic mail or information transferred through the Internet or any other public network.


 
OWNERSHIP
PROVIDER maintains control and ownership of any and all IP numbers and addresses that may be assigned to CLIENT and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
CLIENT shall keep the rights of ownership and use of CLIENT's domain name registration and files even if client changes providers, with the following exception: PROVIDER maintains a possessory lien on CLIENT's domain name and files from the date that associated fees are unpaid and due, including late fees or other charges, and for expenses reasonably incurred in collection of those fees. In the event of the exercise of this lien, release of CLIENT's domain name and/or files shall be at the sole discretion of PROVIDER.
Should ONC Hosting register your domain at a discounted rate or free with web hosting, ONC Hosting will retain ownership of the domain. After six months of hosting, the domain ownership will be changed to you, at your request, and you may make any and all changes for a fee of $49.99.  If you have not maintained a minimum of 6 months of hosting, the charge to purchase the domain is $99.99.
In case of disputes regarding authority over domain names, PROVIDER will follow industry standard practice of giving ultimate authority to the domain name registrant.
PROVIDER maintains control and ownership of any copyright, proprietary and/or licensed software, scripts, programs, images, or other electronic data or media installed and/or provided by PROVIDER.


 
BILLING & PAYMENT

CHECK PAYMENTS
PROVIDER does not accept personal checks unless processed on-line through the PROVIDER's billing.

RETURNED (BOUNCED/NSF) CHECKS
CLIENT agrees to pay a $25 fee for each returned check. Hosting payments plus the returned check fee must be received by PROVIDER prior to expiration of the current hosting period to avoid account suspension or cancellation. PROVIDER will no longer accept check payments from any CLIENT with two instances of returned checks.

CREDIT CARD PAYMENTS
Accounts that pay by credit card are automatically billed 5 - 10 days prior to the beginning of each new hosting period. In the event that credit card payments are declined by the issuing financial institution, PROVIDER will make every reasonable effort to contact CLIENT by e-mail to request another form of payment. If PROVIDER is unable to contact CLIENT in this event, CLIENT's account will be considered past due as described below.
Notifications will be sent via e-mail to the primary e-mail account of the hosted account and/or to the account contact e-mail address as provided at the time of application. CLIENT agrees to notify PROVIDER of any changes to CLIENT's physical and e-mail addresses, telephone numbers, credit card numbers, and credit card expiration dates.

PAST DUE ACCOUNTS
All payments are due approximately 5 - 10 days prior to the start date of CLIENT's account hosting period. If payment is not received by the due date, PROVIDER will send notifications/reminders via e-mail to CLIENT's primary contact e-mail address. If CLIENT does not respond to that notification, the following actions will be taken:

Account Suspension
If CLIENT's account is not paid in full by the hosting period start date, or re-billing dates, ONC Hosting will send the client an e-mail, allowing them 48 hours to update their billing information.  After 48 hours from sending that e-mail, CLIENT's account will be disabled -- all web, e-mail, FTP, and other access to the account will be non-functional. The account will be reactivated within 10 days of the disablement, upon receipt of payment plus a $25.00 account reactivation fee.    The CLIENT (If paying monthly), may also be required to change his payment terms to a six month term per billing.
Account Cancellation - 29 days after Suspension
If payment is not received within 29 days after account suspension, the account will be queued for automatic cancellation and deletion.
Account Reactivation After Cancellation
Once an account has been placed in the cancellation queue, it must remain disabled for at least 24 hours.  Before the 24 hours is complete, CLIENT may request reactivation of the account by paying the account balance plus a $25.00 account restoration fee.
After the 24 hours, the account is "officially" cancelled and all files associated with the account are permanently removed from the servers. At this point, the account cannot be reactivated, but CLIENT can request a "new" account for the domain.

Waiver / Modification of Policy
PROVIDER may (or may not) choose to waive or modify the enforcement of this Past Due Accounts policy if CLIENT contacts PROVIDER prior to the payment due date to discuss alternative payment methods. PROVIDER always sends at least two e-mail notifications prior to account cancellation. CLIENT must respond to those notifications in order to avoid automatic implementation of the above actions.

NO-REFUND POLICY
Except as provided by the 15-Day Satisfaction Guarantee, all payments are non-refundable.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of  Ohio.  If any provisions of this Performance Agreement is deemed unenforceable or invalid, by law, such unenforceable or invalidity shall not affect the remaining provisions of this Performance Agreement.   The Parties hereby waive all rights to dispute resolution in the Court of Law and have hereby agreed to refer all dispute resolutions to Arbitration by a panel of 3 lawyers in Portage County, Ohio.  Decision by the Arbitration Panel will be final and binding.  All parties consent to jurisdiction in Portage County, Ohio only.

 

CHANGING THIS TOS

ONC Hosting may make changes to this TOS at any time, with or without notice, as long as

however, they must send an e-mail to all customers regarding this change.   In the event that a

change is made, all non-suspended customers may choose to cancel their account without

penalty, within 24 hours of the proposed change.   Customers that fall into delinquent status or

suspended status during this 24 hours do not qualify for this 24 hour, no penalty, cancellation

period.



---  End Web Hosting Agreement  --
---  Begin Domain Registration Agreement  ---
 
ONC HOSTING
Domain Registration Agreement
Terms & Conditions
Terms of Service

AGREEMENT
This agreement is between Sound Stage Entertainment, Ltd. (hereinafter referred to as PROVIDER), and the on-line individual or entity who is applying for Domain Registration Services, (hereinafter referred to as CLIENT).

CLIENT understands that PROVIDER is only provising this service as a means of helping the CLIENT secure a domain name.  PROVIDER in no way will be held liable by the CLIENT to any other person in connection with the reservation of this domain name.  Furthermore, CLIENT understands that the domain is being reserved by a third party, ItsYourDomain.Com and agrees to their TOS:

InnerWise, Inc., d/b/a ItsYourDomain.com, (hereinafter "ItsYourDomain.com") is an accredited registrar by the Internet Corporation for Assigned Names and Numbers ("ICANN"). This Registration Agreement, ("Agreement"), sets forth the terms and conditions agreed to between you (whether directly or through your agent, or as an agent for another person or entity), and ItsYourDomain.com, relating to the registration, renewal, transfer, or modification of one or more .com. .net, .org, .info, or .biz Top Level Domain Name ("TLD's") in both roman-alphabet languages and non-roman alphabet languages (e.g. Japanese, Korean, Chinese Traditional and Chinese Simplified). In this Agreement, "Registrar", "we", "us", and "our" shall refer to ItsYourDomain.com and "Registrant", "you", "your", or "Customer" shall refer to the person or entity that is using ItsYourDomain.com registration services.

You (whether directly or through your agent, or as an agent for another person or entity) acknowledge that you have read, understood and agree to be bound by all the terms and conditions of this Agreement.

1. FEES
You agree that upon submission of your domain name registration application, domain name renewal application, or registrar transfer application, to pay us our then current service fees as set forth in our price schedule. We reserve the right to prospectively change our fees or to institute new fees at any time, for any reason, at our sole discretion and you agree to be bound by any fee increase. You agree to pay all value added, sales and other taxes (other than taxes based on ItsYourDomain.com’s income) related to ItsYourDomain.com’s services or payments made by you hereunder.

Should ONC Hosting register your domain at a discounted rate or free with web hosting, ONC Hosting will retain ownership of the domain. After six months of hosting, the domain ownership will be changed to you, at your request, and you may make any and all changes for a fee of $49.99. If you have not maintained a minimum of 6 months of hosting, the charge to purchase the domain is $99.99.


1.1 Fees are Non-Refundable. All fees are due at the time of registration and are non-refundable, in whole or in part, even if the domain name registration is suspended, cancelled or transferred prior to the end of the registration term.


1.2 Renewal Notice and Fees. You will be notified via email that renewal fees are due at least thirty (30) days prior to the expiration date of a domain name registration. You will receive additional notifications as the expiration date approaches. All emails will be sent to the email address of the domain name account holder and the billing contact. You are required to keep the email address of the domain name account holder and the billing contact current. We are not responsible for the loss or misdirection of the email expiration notices, including but not limited to, emails lost due to an invalid email address in our system, a spam filter on the mail server, or any other impediment to delivery. Emails are sent as a courtesy only- the responsibility of renewing a domain lies solely with the account holder and/or registrant of the domain. Any renewal of our services is subject to our then current terms and conditions, the payment of all applicable service fees at the time of renewal, and the domain name registry's acceptance of the renewal of your domain name registration.
5 days prior to expiration, your domain will be placed on hold status, in preparation for release. This will result in websites and email not resolving for those 5 days. After this period, should you fail to renew or cancel your domain name registration by the expiration date, your domain name registration shall AUTOMATICALLY EXPIRE and you shall lose all rights in and to the expired domain name. Expired domain names are routinely deleted on a regular basis. There is no grace period and under no circumstances will ItsYourDomain.com be able to renew the domain after the automatic expiration.
Although you will no longer be able to renew your expired domain name, you can redeem it under the Registrar Redemption program. For a fee of $100.00 (plus the cost of your renewal), ItsYourDomain.com will attempt to restore your domain to its original status. This redemption program is valid for 30 days from the release of your domain. After that time, you may attempt to re-register the expired domain name as new.

1.3 Credit Card Charge Backs. In the event of a charge back by a credit card company or other non-payment by you in connection with your registration, renewal, or registrar transfer fee, you acknowledge and agree that the domain name registration shall be transferred to ItsYourDomain.com or ONC Hosting, that ItsYourDomain.com or ONC Hosting shall be deemed the entity that paid the registration, renewal, or transfer fee, and that ItsYourDomain.co or ONC Hosting shall have all rights regarding such domain name including, but not limited to, the right to sell the domain name to a third party. You further agree that your user account will be suspended, rendering all other domains in the account subject to the same terms as the domain charged back. ItsYourDomain.com or ONC Hosting may, iat their sole discretion, reinstate your domain name registration, and/or access to your domain user account, upon its receipt of the registration or renewal fee and a US $200 reinstatement fee.

2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide you domain name registration and related services, you must provide us with certain information and that we will maintain certain information about you and your registration.

2.1 Required Information
During the domain name registration process, you must provide us the following ICANN required information:
(a) The domain name being registered;
(b) The IP addresses and the names of the primary nameserver and the secondary nameserver for the domain name;
(c) Your full name (or the name of the authorized person for contact purposes if the domain holder is an organization, association, or corporation), postal address, email address, voice telephone number, and fax number (if available) of the administrative contact for the domain name;
(d) The full name, postal address, email address, voice telephone number, and where available, fax number for the administrative contact, technical contact and billing contact for the domain name.
You acknowledge and agree to immediately correct and update the registration information for any domain name registered hereunder during the registration term for such registered domain name.

You also acknowledge and agree that when you renew a domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, we, in our discretion, may not renew your registration.

2.2 Additional Registration Information
In addition to the information you are required to provide in clause 2.1 of this Agreement, we maintain additional information relating to your domain name registration, including:
(a) the original creation date of a domain name registration, renewal or request for service;
(b) the submission date and time of a registration or renewal application to us and by us to the appropriate registry;
(c) communications constituting registration orders, renewals, modifications, or terminations and related correspondence;
(d) records of account, including dates and amounts of all payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity between you and us regarding your domain name registration and related services.

2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name you are providing information about a third party, or if you license a domain name registered in your name to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.

2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions or in-actions shall constitute a material breach of this Agreement and shall be a sufficient basis for cancellation of your domain name registration:
(a) your willful provision of inaccurate or unreliable information;
(b) your willful failure to promptly update information you provided to us, or
(c) your failure to respond for over ten (10) calendar days to our inquires concerning the accuracy of contact details associated with your domain name registration.

2.5 Security
Our system utilizes 128 bit encryption technology to send and receive information pertaining to the registration, renewal, and transfer of a domain name.

2.6 Disclosure and Use of Information
ItsYourDomain.com will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.

ICANN requires all accredited domain name registrars to make domain name registration information available in bulk form to third parties who agree not to use it to (i) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam) or (ii) enable high volume, automated, electronic processes that apply to our systems to register domain names.

You acknowledge, consent and agree that the information you provided ItsYourDomain.com in the domain name registration application will be: (i) transmitted to the registry or registry administrator for registry use; (ii) made publicly available as required by ICANN; and (iii) used by ItsYourDomain.com for inclusion in databases produced and used by ItsYourDomain.com.

We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement.

Except for the ICANN required third-party bulk access, ItsYourDomain.com does not sell or intend to sell access to the information it collects and maintains during the domain name registration process.

3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the "Dispute Policy"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference. The current Dispute Policy can be found at http://www.itsyourdomain.com/documents/registerdisputepolilcy.php.

3.1 Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any modifications to our dispute policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree to periodically review our Web site to be aware of any such modifications. No employee, contractor, agent or representative of ItsYourDomain.com is authorized to alter or amend the terms and conditions of this Agreement.
Your continued use of ItsYourDomain.com as your domain name registrar or the use of any of ItsYourDomain.com's other domain name services after the modifications to the Dispute Policy becomes effective, shall constitute your acceptance of those modifications. If you do not agree to such modifications, you may terminate this Agreement by written request and your domain name will be cancelled or you may transfer your domain name to another registrar. No refunds, in whole or in part, will be provided for domain names that are cancelled or transferred to another registrar.

3.2 Domain Name Disputes. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement.

If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.

4. AGENTS
You agree that, if you are registering, renewing, transferring, or modifying a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You accept liability for harm caused by wrongful registration, renewal, transfer or modification of a domain name.

You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement and that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.

5. LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain name registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of our domain name registration services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm.

6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain name registration, in accordance with ICANN or registry policy, from or to ItsYourDomain.com. Registrant also acknowledges and agrees that express authorization from someone with apparent authority to legally bind the domain name holder is required before such a transfer can occur. You can authorize the transfer of a registration to ItsYourDomain.com by completing the Registrar Transfer Application.

You agree that you shall not transfer your domain name registration until sixty (60) days have elapsed from the time of initial domain name registration. You agree that the transfer of domain name registrations may be refused if there is a dispute concerning the domain name or the domain name holder's identity. You further agree that you shall not transfer your domain name registration to another registrar if there are less than ten (10) days remaining in your registration term.

7. OWNERSHIP CHANGE
You may transfer your domain name registration to a third party of your choice. You agree that in the event you request the transfer of your domain name ownership, you shall relinquish the domain name registration being transferred, release ItsYourDomain.com from all of its obligations under this Agreement, and release ItsYourDomain.com from any and all liabilities, demands, and claims related to such a transfer of domain name ownership. (Click here to request an ownership change).

Should ONC Hosting register your domain at a discounted rate or free with web hosting, ONC Hosting will retain ownership of the domain. After six months of hosting, the domain ownership will be changed to you, at your request, and you may make any and all changes for a fee of $49.99. If you have not maintained a minimum of 6 months of hosting, the charge to purchase the domain is $99.99.


8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with ItsYourDomain.com or transferred a domain name to ItsYourDomain.com, you may change any of the domain name registration information at any time (Click here to change domain name registration information). You must use the Username and the Password that you selected when you registered or transferred your domain name with us. Please safeguard your Username and Password from any unauthorized use. You must immediately notify us of any unauthorized use of your Username or Password and you are responsible for any unauthorized activities, charges and/or liabilities made on or through your Username or Password. In no event will ItsYourDomain.com be liable for the unauthorized use or misuse of your Username or Password.

All domain names registered through ItsYourDomain.com are pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via ItsYourDomain.com, Inc. The Coming Soon web page may be modified at any time by ItsYourDomain.com, Inc. without prior notice to you and may include such things, without limitation, as links to additional products and services offered by ItsYourDomain.com, Inc., advertisements for products and services offered by third-parties, and an Internet search engine interface.

9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY FROM OBJECTION
You acknowledge and agree that ItsYourDomain.com cannot guarantee that you will be able to register or renew a desired domain name because our ability to provide services to you depends in part upon the provision of services by third parties, such as a registry. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, a registry may reserve the right to deny, cancel or transfer any domain name registration under certain circumstances or there may be inaccuracies or errors in the various WHOIS databases. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties.

You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.

10. OWNERSHIP OF INFORMATION
You acknowledge and agree that ItsYourDomain.com owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name and other proprietary information databases, and all information and derivative works generated from those databases.

11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements that you made in connection with the registration, renewal, management, or transfer of a domain name are complete and accurate, and that any future changes to this information will be provided to us in a timely manner; (ii) to the best of your knowledge and belief, neither the registration of the domain name for which you have applied for, renewed, managed, or transferred nor the manner in which you intend to use the domain name you applied for, renewed, managed, or transferred, directly or indirectly infringes upon or otherwise violate the legal or equitable rights of any third party; (iii) it is your responsibility to determine whether your domain name registration infringes or violates someone else's rights; (iv) you are not registering, renewing, managing, or transferring the domain name for an unlawful purpose and you will not knowingly use the domain name in violation of any applicable laws or regulations; (v) you are of legal age to enter into this Agreement; (vi) you agree to comply with all applicable laws and regulations and (vii) you agree that your use of our service(s) is solely at your own risk and that all of our services are provided on an "as is," and "as available" basis;

12. LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any ItsYourDomain.com services provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s). YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, ITSYOURDOMAIN.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ITSYOURDOMAIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF ITSYOURDOMAIN.COM'S SERVICES OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, then ItsYourDomain.com's liability for consequential or incidental damages in such jurisdiction is excluded or limited to the extent permitted by law.