Terms of Service

 

 

 

Section 1. MISCELLANEOUS

 

Oxygenshell reserves the right to change this agreement at any time without notice. All changes will be posted on our order.html. By using our services or purchasing our products you agree to these terms of service and agrees to be bound by them at all times. By making use of Oxygenshell you must be (18) years of age to access the Internet from the customers internet service Oxygenshell, if you're under (18) years of age, the Customer of the account is responsible for all access to any information that might be viewed as unsuitable. You the customer also agrees to hold harmless and indemnify Oxygenshell for any claims or charges that arise from said minor's use of service.

You the Customers acknowledges that the internet contains some information that may be deemed offensive, obscene, or adult in nature, If you choose to access such material this is at your own risk, and agree that Oxygenshell has no control over what material is rated obscene or adult in nature hosted inside our network or outside our network. If an account on our system's is hosting such material that offends minors or something that Oxygenshell can considered objectionable Oxygenshell will remove such content with an email notification only, and you agree to keep your email changes updated with Oxygenshell sales and billing department.

 

Section 2. SERVICE

 

Oxygenshell makes no warranty of its service and availability, and Customer understands and agrees that Oxygenshell services may be terminated or discontinued at anytime and without notice with no liability on the part of Oxygenshell and no responsibility for refunding any period of time or prepaid charges. While a good effort will be made to credit for downtime issues not resulting in network problems or service interruptions but scheduled maintenance. Service can and will be restricted to any violation determined from Oxygenshell's abuse team. Customer is solely responsible for any losses, damages, or expenses related to service failure, whether caused by Oxygenshell or a customer, and agrees that Oxygenshell shall not be liable for any or all of same, even if caused by Oxygenshell's own negligence.

You the customer of Oxygenshell agrees to indemnify and hold Oxygenshell wholly harmless from and against any and all liabilities that may arise as a result of failure or services, equipment and or software of Oxygenshell, with exceptions of misconduct or omissions of Oxygenshell, but including attorney fees if any will apply.

 

Section 3. RESPONSIBILITIES

 

The Customer agrees to take responsibility for any accesses, retrieval, and/or storage of any and all information available to Customer from his/her Oxygenshell account.

Customer shall not intentionally allow unauthorized connections to Oxygenshell, this includes account sharing, account trading, or unauthorized reselling of Oxygenshell services. Nor shall Customer in any way duplicate any Oxygenshell materials, advertising and the like or any other information which is proprietary to Oxygenshell.

 

Section 4. SECURITY

 

Information transmitted over the Internet and/or other computer networks is generally not considered to be secure. While Oxygenshell respects the privacy of our customers, the Customer understands that there is no guaranteed privacy on the Internet. That Oxygenshell cannot be liable or responsible for any viewing or interception of internet material.

 

Section 5. ILLEGAL PURPOSES

 

Oxygenshell services and accounts may only be used for lawful purposes. Use of a Oxygenshell account or service in an illegal manner is grounds for immediate termination. Customer agrees to hold harmless and indemnify Oxygenshell against any claims or charges that arise from Customer's use of Oxygenshell services and/or accounts. All information with Oxygenshell must be legal and correct due to legality issues arising from government statues and local law enforcement. Please keep your records up to date with Oxygenshell at all times.

Use of a Oxygenshell account to gain passwords, encryption codes, or other security information of Oxygenshell or other sites on any computer network is grounds for immediate termination and, if illegal, will be reported to the proper authorities. Use of a Oxygenshell account to break into a Oxygenshell or other site's machine is also grounds for immediate termination and will be reported to the affected site and the proper authorities.

 

Section 6. PASSWORD

 

The Customer will be provided with or will select a (username) and confidential password for Customer's exclusive use.

The Customer understands that Oxygenshell is not liable if Customer's username and/or password is compromised. Further, the Customer is expected to maintain a secure password consisting of no known word or phrase and using numbers, letters, and (optionally) certain special characters. Hence, the Customer may be held liable for any actions taken by an individual or group who have obtained/guessed the Customer's password and used it to access his account. Under no circumstances is Oxygenshell liable for the actions taken by a compromised account.

 

Section 7. SHELL ACCOUNTS

Don't .... if applicable

  1. Use your accounts to prevent ownerships or hold illegal ownership of a IRC (Internet Relay Chat) channel.

  2. Using your account to prevent ownership of IRC nickname

  3. Using your account to threat, harass, other IRC users

  4. Using your account as a DDoS (Distributed Denial of Service) shield.

  5. Placing IRC (bots) on a server that does NOT allow them. Hijacking IP's aka listening on all IP's. Running more than specified on your account or using VHOSTS/IP's that are not listed in the public list which can be found by typing (vhosts) on the server.

  6. Don't go against the Message of the Day (motd for regular users. motd2 for ircd users or server's acceptable use also known as terms of service.

  7. Running unapproved background/foreground processes, including but not limited to energy mech bots or spawned processes.

  8. Regardless of what it is you are running, running more than 2 (two) user/server connections per process is not allowed. Eggdrops = 1 process/background BNC = 1 process/background.

  9. Attempting to spy, snoop, wonder, penetrate security, hacking, scanning or attempt anything other than use your account for it's stated purposes, will result in immediate termination.

  10. Uploading or using your account for (DDoS) (Distributed Denial of Service) attack towards another party or local party is strictly prohibited and will result in termination.

  11. Having any one sending or downloading illegal files to or from Oxygenshell network will result in termination. This includes MP3 files, vcd, warez, hack utility, flood utility or crack utility files. Installing 3rd party utilities is also forbidden for example "ftp protocols for bots or bncs."

  12. Unlimited Bandwidth on shell accounts is for transfer of eggdrop, and or account related material this is not for personal web sites and or personal storage, All accounts are monitored for bandwidth usage, and if you request the transfer status we can supply one at ANY TIME.

  13. If the QUOTA on your shell is over the allocated QUOTA your account will be placed on hold or there will be a email regarding this and if not taken care of can result in immediate termination.

  14. Shell Accounts are NOT permitted on ANY co-location or dedicated server unless otherwise
    mentioned in special requests.

  15. All Game Servers will be subject to sur-charges if the server is utilizing above 10.0 load average for long periods of time.
     

  16. Oxygenshell expects ALL users to obey the rules of the various IRC Networks, failure to do so can result in account termination without refund.
     

  17. IRCNET - This network allows 2 users from user@ipblock. Most IRCNET servers do not allow bots of any kind either> If you get klined on IRCNET or another user on our machines does, we will not do anything on your behalf to have it removed. We do not support IRCNET, you are on your own if you can connect there or not.
     

  18. If your account or any other accounts are klined off networks, we will NOT issue a refund because you cant get on the IRC network, find another IRC network to use.
     

  19. Starchat - This network does not allow vhosts on it. Please do not try and connect there as vhosts are not allowed.
     

    20.

Section 8. BILLING

  • Cash, Check, Money Order, Paypal, Credit Card, Western Union

  1. When paying by cash account may not be active till payment has been received and if we don't receive the payment your account will not be setup. This includes lost mail and miss-placement.

  2. When paying by check or money order, service may be setup on or before order date with clearance of sales administration. If there is a bounced check customer agrees to pay $25.00 per bounced check and original fee's.

  3. Paypal payments must be sent from a Verified paypal account and preferably Confirmed paypal address. All payments will be subject to phone verification and other verification procedures might come in effect.

  4. All hosting accounts are subject to 95 percentile bandwidth charges in five minute intervals.

  5. When paying for a co-location or dedicated machine western union is the only form of payment
    accepted.

  6. You agree the funds, provided for service will not be reversed and are legal from end user to Oxygenshell and hold Oxygenshell harmless of any dispute.

    7.

Your account begins once money is cleared and valid in Oxygenshell's bank account. Invoices will be sent to all customers and past due notices will only allow a 5 day grace period then termination or suspended accounts will be in effect.

    Section 9. HOSTING

    All Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Oxygenshell from any claims resulting from the use of the service which damages the subscriber or any other party. All hosting accounts are subject to Section 5 of this agreement "Illegal Purposes" as well as our whole TOS/SLA. And Oxygenshell will be the sole arbiter as to what constitutes a violation of this provision. If your hosting account comes with a domain provided by Oxygenshell it will remain on Oxygenshell regardless of your account status. You Agree to hold Oxygenshell harmless of all trademark or copyright issues regarding your domain if your status where to be terminated.

    Section 10. AGREE

    Should any violations within these Terms of Service require corrective action on the part of Oxygenshell, the Customer will be held liable for all costs associated with such action.

    Last updated 11/30/2003

    PROCEED