Our Terms of Service
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Your access to and use of OnIT Managed Services is
I agree to release
Monthly Managed Services
I agree to the terms and conditions of the OnIT service agreement. I agree to release my computer equipment to OnIT on a regularly scheduled basis only or as needed in an instance of remote services for evaluation and/or repair. You will be notified via email of scheduled monthly maintenance. If the scheduled date or time needs to changed, you must notify OnIT. If there are no notifications on a scheduled date/time, then the monthly maintenance will proceed as scheduled. This requires the following:
- 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.
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.
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.
Unless and until a subscription agreement is canceled by mail or e-mail, email@example.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 (firstname.lastname@example.org), 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, email@example.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.
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.