Our Terms of Service
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Your access to and use of OnIT Managed Services is
Repair Services
I agree to release
- Remote accessibility to the device to be managed in advance
- No customer interaction required for remote accessibility
- Valid Credit Card on file
If at any time any of these items are not current, OnIT reserves the right to suspend your account until updated. I agree that OnIT will not release, stop, or cancel membership until any/all outstanding invoices have been paid in full.
SaaS (Software as a Service) Services
OnIT Hosted Exchange is a provider of
email filtering (anti-spam, antivirus software) and web filtering
services that include email protection and security services for small
business, enterprises, educational, and government institutions
worldwide, or any service components thereof, including without
limitation to, OnIT hosted services.
OnIT Backup Services is a provider of
local and offsite backup services for small business, enterprises,
educational, and government institutions worldwide, or any service
components thereof, including without limitation to, OnIT hosted
services
Any means of identification assigned to
you by OnIT (including username and IP address) will remain the
property of OnIT. OnIT reserves the right to alter or replace these
forms of identification at any time.
OnIT makes no guarantees as to the
continuous availability of the Service or any specific feature of the
Service. OnIT reserves the right to discontinue and/or change the
Service or any of its features at any time with or without notice.
Use of the Service
You, and those you authorize, are the
only individuals who are authorized to access the Service through your
account. You must ensure that all authorized users on behalf of your
account comply with this Agreement.
You are responsible for maintaining the confidentiality of passwords used by yourself or any authorized user for your account.
You will not use the Service or permit
others to use the Service through your account in any way that violates
any law or regulation; subjects OnIT to liability; or is in any
violation of the OnIT Terms of Service Agreement.
User Conduct
You agree to be solely responsible for
the content of your transmissions through the Service. You acknowledge
that OnIT simply acts as a passive conduit for the distribution and
transmission of data.
You agree not to resell any part of the
Service under your account including, but not limited to, email
filtering, web filtering, any OnIT appliance and any form of
identification assigned to your account without prior documented
authorization from OnIT.
You agree that your use of the Service is
subject to all applicable local, state, national and international
laws and regulations. Furthermore, you agree that you recognize that
violation of any such laws, rules and regulations shall be cause for
immediate termination, without notice, of your account at the sole
discretion of OnIT.
Unacceptable Use of Service
Illegality in any form, including, but
not limited to, activities such as unauthorized distribution or copying
of the Service; violation of USA and international export
restrictions; harassment; fraud; drug dealing; intentionally inflicting
emotional distress; violating trademarks; copyrights; privacy and other
intellectual property rights.
We reserve the right to remove permission
to access the Service if we suspect security violation attempts
involving your account, whether directly deliberately caused by you or
not.
Spamming, to send unsolicited commercial
or non-commercial email or newsgroup posts, from the server or
involving your domain.
Mail bombing, sending of large files or
emails to other users against the request of an Internet user, whether
or not our servers are used.
Violations of system or network security
are prohibited, and may result in criminal and civil liability.
Examples include, but are not limited to, the following: Unauthorized
access, use, probe, or scan of a systems security or authentication
measures, data or traffic. Interference with Service to any user, host
or network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast attacks.
The use of programs that consume an
excessive amount of CPU run time or Random Access Memory (RAM) on the
server. High load Chat Room Scripts and Programs. All kinds of
Shell/SSH/Telnet access Scripts. High loaded Bulletin Board/Forums
Systems including but not limited to: UBB – Ultimate Bulletin BoardTM,
YABB – Yet Another Bulletin Board.
Unacceptable site content, links, storage and/or distribution
including, but not limited to, pirated software or programs which are
intended or used for security violation purposes (“cracking software”);
“Warez Sites”; “IRC Bots”; pornography; nudity; sexually explicit or
offensive material; and defamatory, scandalous, or private information
about a person without their consent.
Adult and “Rated X” Material, Site
content or links including, but not limited to, pornography; nudity;
sexually explicit or offensive material. Disturbing site content or
links. Site content or links including threatening, defamatory, or
scandalous language or information.
Background Running Programs, Background
Daemons, including, but not limited to, IRC bots; eggdrop; BitchX(IRC
Client); XiRCON; ShoutCast Plus IceCast; and any other program that
interferes with normal server operation.
Illegal activities including but not limited to:
Distributing information regarding the
creation of or sending of Internet viruses; worms; Trojan horses;
pinging; flooding; mailbombing; or denial of service attacks.
Activities that disrupt the use of or
interfere with the ability of others to effectively use the network or
any connected network, system, service, or equipment.
Accessing illegally or without
authorization computers, accounts, or networks. Attempting to penetrate
security measures of a system (“cracking”).
Exporting encryption software over the
Internet or otherwise, to points outside the United States or Canada.
Forging or misrepresenting message
headers, whether in whole or in part, to mask the originator of the
message.
Any activity that might be used as a
precursor to an attempted system penetration (i.e. port scan, stealth
scan, or other information gathering activity).
Any activity including, but not limited
to, advertising, transmitting, or otherwise making available Ponzi
schemes; pyramid schemes; fraudulently charging credit cards; and
pirating software.
Engaging in activities, whether lawful or
unlawful, that OnIT determines to be harmful to its clients,
operations, reputation, goodwill, or customer relations.
Disclaimers found on the offending
website will not protect the client account from being terminated if
such site is in violation of this Agreement.
Failure to enforce strict performance of
any provision of this Agreement shall not be construed as a waiver.
ALL FORMS OF ‘UNACCEPTABLE USE OF SERVICE’ ARE STRICTLY
FORBIDDEN. EVIDENCE OF SUCH MATERIAL WILL BE CAUSE FOR IMMEDIATE
TERMINATION OF SERVICE. OnIT WILL BE THE SOLE ARBITERS AS TO WHAT
CONSTITUTES A VIOLATION OF THIS PROVISION. OnIT WILL NOTIFY THE
APPROPRIATE LAW ENFORCEMENT DEPARTMENT IF SUCH VIOLATION IS A CRIMINAL
OFFENCE.
Payment
All invoices for OnIT Managed Services are
sent via Electronic Mail. Should you require a different method of
invoice delivery, you must contact OnIT Managed Services to request an
alternative.
If invoice is not paid in full 7 days from the date of invoice,
OnIT reserves the right to charge the maximum allowable interest on
any outstanding invoice in accordance to state law until paid in full.
OnIT reserves the right to suspend any account with an outstanding
balance due for any services. This includes but not limited to,
monthly services, hosted email, monitoring, and repairs.
Billing Policy
Unless and until a subscription agreement
is canceled by mail or e-mail, billing@onitms.com, and an
acknowledgment of cancellation is received by Subscriber, Subscriber
hereby authorizes OnIT or its authorized agent to charge Subscriber’s
credit card to pay for the ongoing monthly, quarterly or annual
subscription cost. Subscribers must promptly inform OnIT of any changes
in the preferred payment method, expiration dates of credit cards
previously used for any monthly subscriptions or services, email
address and any unauthorized use or disclosure of a username, password
or apparent other breach in security of Subscriber’s account by email,
e-mail (billing@onitms.com), or telephone, (904) 322-8697. Until
Subscriber notifies OnIT by email or telephone regarding any above
mentioned breach of security, Subscriber shall remain liable for any use
of associated OnIT subscription and/or services. Payment for
subscription and/or services will be made by automatic credit card
debit and automatically renewed, without prior notice, for the original
term upon expiration, unless OnIT is notified by
email or mail 15 days prior to membership expiration. Billing periods
begin when OnIT confirmations are sent out and subsequent renewal due
dates. Subscribers are liable for charges incurred by them until
termination of service. Cancellation of service is not official until
Subscriber receives email confirmation from OnIT. If Subscriber does
not receive a cancellation confirmation within 24 hours of request
(excluding weekends and holidays), Subscriber must email,
billing@onitms.com, or telephone OnIT offices at (904) 322-8697 to
re-submit the cancellation and verify that his/her email address is
correct. From time to time, OnIT may provide promotional offers, which
may supersede this billing policy.
Credit Card Details
Using your credit card to make purchases
via OnIT’s website is a secure way to confirm your payment. OnIT has
put a number of security steps in place to give you confidence when
making payment on-line. The communication of all sensitive information,
including personal details and credit card information, is
encrypted through the use of a secure server and your web browser.
This means that information can only be exchanged between you and OnIT,
and that no third party can access this data whilst it is being sent over the Internet.
Advice
The contents of OnIT’s website does not
constitute advice and should not be relied upon in making or refraining
from making, any decision.
Disclosure of Information
We will not disclose personally
identifiable to third parties, without your permission, unless we
believe such disclosure is reasonably necessary to: (1) comply with the
law or legal process; (2) protect or defend our rights or property or
that of others; (3) enforce this Agreement; (4) respond to claims that
the contents of any communications violate the rights of others; or (5)
as otherwise provided in the Agreement.
Disclaimer of Warranties
THE SOFTWARE AND SERVICE AND ANY THIRD
PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES
WHATSOEVER. ONIT AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE
SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR
SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD
AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR
SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR
SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND
SUCH THIRD PARTY SOFTWARE AND SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ONIT, OR ITS
SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR
PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE,
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, (EVEN IF ONIT HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL
AGGREGATE LIABILITY OF ONIT, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND
THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT
SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ONIT FOR THE
SOFTWARE OR SERVICES WITHIN THE PAST 12 MONTHS. IF THE SOFTWARE AND
SERVICES ARE PROVIDED WITHOUT CHARGE, THEN ONIT AND ITS SUPPLIERS SHALL
HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND
RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE
OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF
THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.