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BILLING & FEES Occeanic will generate an invoice 7 days prior to the account billing anniversary, all clients are deemded to pay the invoice within 3 days of the invoice generation. Invoices that are not paid after 3 days of their billing anniversary date will be a subject to 25% late payment fees. Any invoices not being paid after 5 days of their due date will result in suspension of the related service and will be unsuspended only after the payment of overdue invoice with late payment fee. Occeanic also reserves the right to alter, change, amend or delete fees at it's sole option. Occeanic further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems appropriate. Occeanic accepts payments by Credit Cards (Visa, MasterCard, Discover, American Express, JCB), Paypal and electronic check via 2checkout.com and also accepts Liberty Reserve, Strictpay, Alertpay and Perfect Money. 2checkout.com is an authorized retailer of services and products offered by Occeanic. Occeanic does not save your any credit card information and all payments will be made on 2checkout.com secure website. 2CO will perform a fraud check on every new transaction which may include making a verification phone call to the client, demanding credit card statement or signing an authorization form. All clients are advised to use their proper and authorized credit card during their payment to Occeanic, we deal fraud and chargebacks very strictly and can result in immediate termination of your accounts without providing any backups or retrieval option and no future services will be given to the chargeback account. MONEY BACK GUARANTEE All shared clients are entitled to an unconditional 30day money back guarantee. This guarantee begins the day we send out your accounts login details. If you wish to cancel your account and receive a full refund within 30 days of the date you signed up, please use the cancellation form in the support center prior to your 30th day of service. This guarantee includes the hosting plan only and does not include extra services or setup fees such as add-ons, name servers, programming work, or web designing. Accounts other than monthly, such as quarterly, semi-annual, annual, or other non-monthly term accounts hereby waive their right to the money back guarantee and fully understand that all term payments are non-refundable. Dedicated servers are not entitled to this guarantee due to time and expenses we incur on each order. In case of VPS we are happy to refund the service fee for the month if you find it necessary to cancel your service and do so before the 30th day. Unfortunately we have found the potential for fraud, abuse, and work loss with some account types require a nonrefundable fee. Some accounts such as, but not limited to, VPS take considerable time and efforts to setup and maintain therefore accounts terminated under this guarantee are subject to a nonrefundable $15.00 (fifteen dollar USD) setup and provisioning fee. ACCOUNT SETUP While we maintain the highest standards and try for near instant account activations this is not always possible. Certain account types such as dedicated servers, virtual private servers, and backup services may often require a great deal of extra time to provision. We make no guarantee's in regards to the speed in which an order is completed. At times additional fraud checks or information may be needed, and the client agrees to provide said information in a timely manner. In certain cases such as dedicated or virtual private servers purchases and other high risk transactions, it may be necessary to provide credit card scanned copies, card card statement or any other document requested by our authorized retailer 2checkout.com. If you fail to meet any requirements, the order may be canceled without notice. We will setup your account when we received payment and the order has been screened for fraud. CANCELLATION Invoices will be generated automatically 7 days prior to the product or service anniversary billing date. All cancellation requests must be made atleast 3 days before invoice is generated using service cancellation form located in your Occeanic Client Portal. All cancellation requests made after the invoice has been generated will be subject to Pay for the pending invoice. SPAM and Unsolicited Commercial Email (UCE) Spamming, or the sending of unsolicited email, from one of our servers or using an email address that is maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. This policy is implemented on all services of Occeanic including shared hosting, VPS, dedicated servers and offshore servers. Sites advertised via SPAM (Spamvertised) are not permitted on our network. This includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately terminated. We will be the sole arbiter as to what constitutes a violation of this provision. Additionally claims investigated by us about spam from any of our users or users of theirs, will be billed for such work. The clean up fee for such an instance will be determined by Occeanic and usually no less than $500 per incident. RESELLERS Occeanic offers reseller hosting. Resellers can also resell our VPS and dedicated servers to their customers subject to all the terms of this agreement and it is their responsiblity to make their clients subject to this terms of serivce. A reseller will be liable for all billing issues as he will be the only contact with Occeanic and reseller will also be responsible for any action of his customer including any legal matters or any fees associated with it. SHARED HOSTING It is acknowledged by all the users of Occeanic that these resources are dedicated towards web documents and self-need email/FTP services and is not be used as offsite storage area for electronic files, or as provisioning service for third party email or FTP hosts.All downloadable files on our shared hosting servers must be available for download via a HTML document stored on the internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index.Our servers should not be use to backup your computer or another source.Web space is not to be used as an image, sound, or file library, repository, or any other backup or storage solution.They may not be used for HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes. They may not be used to provide proxy servers.Websites purely related to hacking or cracking are not allowed however security websites are allowed. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Occeanic servers. Individual websites may not consume excessive resources at any time as this can affect other users on the shared system. Excessive resource use is defined as, but not limited to, use of more than 10% of a system resource for longer than 60 seconds. If a customer account is found to be using excessive resources on a shared system, or causes a system to operate in a non-optimal manner, the customer will be contacted to resolve the problem. If Occeanic is unable to contact a customer regarding a resources related issue, we may, at our discretion, suspend or cancel the customer account. Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, or trafficking in obscene material is prohibited Occeanic strictly prohibits the use of certain scripts such as IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server resources due to the inherent nature of the script itself or by defect in the coding of the script. If a user script is found to be in violation of this clause, or is found to be overwhelming system resources, the user may be requested to remove the script, or in cases of system resource abuse, it may be removed without prior warning and/or the user account may be suspended for further review. VPS AND DEDICATED SERVERS Occeanic is the owner of all the equipment and hardware used by the customer and grants a license to its customers for using it. The customer has no rights on the hardware or our equipment. Physical access to the hardware by the customer is also strictly prohibited. All Internet Protocol (IP) Addresses are owned and managed by Occeanic. IP Addresses are non-transferable from Occeanic, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Occeanic engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this TOS. Occeanic does not actively moniter dedicated server content for review. Occeanic believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law of Switzerland or the TOS is deemed in compliance and shall remain intact. Adult content, IRC, bit-torrent are allowed on Occeanic dedicated servers. Content deemed in violation of any copyright infirngement notice will be addressed according to the complaint and client will be contacted regarding it, Occeanic can terminate the service if client does not respond or not able to resolve the complaint. BACK-UPS AND DATA LOSS We perform daily backups on all of our servers to ensure critical files are never lost. Our server software does create daily backups for users sites that you may download on your own, we do not restore a file any user has accidentally deleted or modified. The back-up restoration is for emergency procedures only. You are advised to backup all of your own files to your local drive. If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood. REFUSAL OF SERVICE We reserve the right to refuse, cancel, or suspend service at our sole discretion. LIABILITY AND WARRANTY We are not responsible for any damages you or your business may suffer. We do not make implied or written warranties for any of our services. This includes loss of data resulting from delays, non-deliveries, wrong delivery, any and all service interruptions regardless of cause. The client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, client agrees that the company shall not be liable for any damages arising from such causes. You further acknowledge that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by the client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
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All clients and resellers are liable to comply with our terms of service. Occeanic provides you web hosting services under the terms of service explained below. Please note that Occeanic reserves the right to modify or change Terms of Service at any time, with or without notice as it is seen complusary or neccessary by Occeanic. Every client is advised to read our terms of service carefully to avoid any future problems with their account. Occeanic will provide its full dedication and care to every customer and to bring you reliable web hosting services with latest and advance technology.
