Terms of Service

Contact Information

You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your Client Area. We reserve the right to send announcements and invoices relating to your dedicated server account(s). No more than twice a month we may email you information on promotions or discounts relevant to various services we offer. We ask that you not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. OHare Sites will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.

Transfers

Our transfer team will make every effort to help you move your site to our services. However, this is a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Every hosting company is configured differently, and some use platforms that save data in an incompatible or proprietary format, which may make it extreme difficult if not impossible to migrate some or all account data. We will put forth our best effort, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available from 15 days from your signup date. Transfers outside of the 30 day period will incur a charge. Transfers are also limited to strictly transferring account data from the old host to our services, any other work outside of this will require a special price quote. Please contact us with specific details to receive a price quote for a transfer.

Content

All services provided by OHare Sites may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.

The customer agrees to indemnify and hold harmless OHare Sites from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email support@oharesites.com with any and all details.

Software Licenses

The customer agrees, that all software provided by OHare Sites to be used on their site, such as Subdreamer, are solely owned by OHare Sites.

Subdreamer Addons

OHare Sites Addons are provided as is! Leased licenses perform a check to make sure your site is running a valid license once a month. OHare Sites Hosting customers do not require a license and therefor will not perform a check to make sure its a valid license. Customer agrees that it  hold OHare Sites harmless  and shall not be responsible for any damages your business may suffer as a result of using one of our Addons!

Ghost Writing

Ghost Writing services are non refundable. All Ghost Writing work includes 2 rounds of revisions. Upon completion of all revisions, the work is final and provided to the customer. All rights of the content produced are owned solely by the customer, and are free to do anything they please with the work produced.

Backups and Data Loss 

Your use of the service is at your sole risk. OHare Sites is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on OHare Sites servers.

Cancellations and Refunds

OHare Sites reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via the support system. OHare Sites gives you an unconditional 10 day money back guarantee new hosting services. Existing customers must cancel their hosting services at least 7 days before your next invoice is due or you will be automatically be renewed. Renewals are non-refundable. Renewals are not covered under the 10 day money back guarantee.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Checks

There are no refunds on domain name purchases and/or custom development, projects, ghost writing and services.

Violations of the Terms of Service will waive the refund policy

Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

Resource Usage - INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here

Uptime Guarantee

If your server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of OHare Sites dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@oharesites.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Indemnification 

Customer agrees that it shall defend, indemnify, save and hold OHare Sites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OHare Sites, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OHare Sites against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OHare Sites; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from OHare Sites’s server.

Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on oharesites.com, and the right to increase the amount of resources given to plans at any time.

Disclaimer 

OHare Sites shall not be responsible for any damages your business may suffer. OHare Sites makes no warranties of any kind, expressed or implied for services we provide. OHare Sites disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OHare Sites and its employees.

Disclosure to law enforcement

OHare Sites may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS 

OHare Sites reserves the right to revise its policies at any time without notice.