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Terms and Conditions of Use

OSM Graphics reserves the right to suspend or cancel a customer's access to any or all services provided by OSM Graphics when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you also may be fined. Upon your third offense your account with OSM Graphics will be terminated, you may again be fined. No refunds will be given if your account is terminated for Spam.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of OSM Graphics is strictly prohibited.

Unauthorized use of other people's accounts or computers OSM Graphics will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a OSM Graphics customer, whether or not the attacked account or computer belongs to OSM Graphics, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Hosting accounts may be terminated that include the following content or which have links to the following content:

-Providing material that is grossly offensive to the Web community including expressions of bigotry, racism, hatred, or profanity
-Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
-Displaying material containing nudity or pornographic material
-Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. OSM Graphics reserves the right to change prices at any time, unless other terms have been agreed upon. All payment is in Canadian currency.

Cancellation

OSM Graphics reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by OSM Graphics if OSM Graphics institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of OSM Graphics's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain nic fees and overages. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, domain nic fees, referrer logs, real audio/video, additional disk space, additional pop accounts, etc.

Lawful Purpose

OSM Graphics reserves the right to refuse service to anyone. Customers may only use OSM Graphics server for lawful purpose. Transmission of any material in violation of any Federal, State/Provincial or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of OSM Graphics management.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold OSM Graphics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against OSM Graphics, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OSM Graphics against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with OSM Graphics's server; (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 customer from OSM Graphics's server.

Disclaimer

OSM Graphics will not be responsible for any damages your business may suffer. OSM Graphics makes no warranties of any kind, expressed or implied for services we provide. OSM Graphics disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by OSM Graphics and its employees. OSM Graphics reserves the right to revise its policies at any time.


Failure to follow any term or condition will be grounds for immediate account deactivation.

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