TERMS OF SERVICE

ACCEPTANCE OF TERMS

All users of Okie Web Hosting’s services, and all customers upon signing up for Okie Web Hosting's services, agree to comply with Okie Web Hosting's Terms of Service & Acceptable Use Policy (“TOS & AUP”) which govern your purchases. The spirit of the TOS & AUP is to ensure customers are using Okie Web Hosting's services with due regard to the rights of other Internet users and in conformity with the requirements of Okie Web Hosting's network environment and laws governing our nation and state. The TOS & AUP are not exhaustive and Okie Web Hosting reserves the right to add, delete, or modify any provision of its TOS & AUP at any time without notice, effective upon either the posting of the modified TOS & AUP to www.okie.net or notification of the modified TOS & AUP. Any complaints about a customer’s violation of the TOS & AUP should be sent to support@okie.net. The TOS & AUP supersedes any other agreement with Okie Web Hosting, whether written, oral, by conduct, or otherwise.

You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your billing account. We reserve the right to send announcements and invoices relating your hosting account and domain name with us. No more than twice a month we may email you information on promotions or discounts relevant to your hosting or domain account with us. 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. Okie Net will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.

We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all accounts are well taken care of. All account data backups are the account holder's responsibility. Okie Net, Inc is NOT responsible for your data backup or subsequent loss. Shared hosting accounts should not be used for mission critical websites or email that require absolute redundancy.

Unsolicited E-mail (anti-spam policy)

Accounts caught sending unsolicited, as defined by Okie Net*, email or Usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. Accounts terminated for sending unsolicited email or Usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Okie Net server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.

Okie Net reserves the right to investigate accounts accused of sending unsolicited emails, or Usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.

Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or Usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!

*Unsolicited is defined, by Okie Net as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.

Excessive Bandwidth Use

If your hosting account, with Okie Net, Inc, goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our cPanel hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will automatically suspend until the next month.

Account Termination

Violation of our anti-spam policy will be grounds for immediate account termination. Web sites deemed offensive, or racially degrading, by Okie Net, will be removed from our servers without notice. Abusive behavior of any type will not be tolerated. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Free For All (FFA) link sites and using your account for IRC/BBN purposes is not allowed on our servers.

Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. This includes tracking down the offending program, if applicable, and/or making available other arrangements for hosting the account on a semi-private or private server (additional fees may be required).

All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination.

In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.

This Terms of Service may be amended, at any time, at the discretion of Okie Net. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be emailed to the email addresses we have on file for all account holders. You are required to keep a valid and current email address on file with us, in your billing account here: http://www.okie.net/members

If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.

Prohibited Web Sites

Okie Net, strives to provide first-rate service to all our clients. We cannot allow the following websites/ (Note) this list is meant to be a guide and not a definitive list:.

• Spam or unsolicited commercial mass e-mailing.

• Sites that sell bulk emailing tools or services.

• Adult overtly sexual content of a commercial or pornographic nature.

• Gaming or gambling sites.

• IRC software, IRC bots or Eggdrop bots are not allowed on our servers.

• Domain registrars.

• Hate or racist sites.

• Sites that defame others.

• Reselling email accounts or offering free email services to the public using our mail server.

• Illegal activities, including but not limited to, intellectual property, copyright and/or trademark violations.
  Distribution of Internet viruses, worms, Trojans, or other destructive activities.

• Other activities, whether lawful or unlawful, that we determine to be harmful to our clients, operations, or reputation.

Unauthorized distribution or copying copyrighted software and files (including MP3's, warez, cracks, ROMs, etc.), violation of US export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities. Okie Net reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

Indemnity

In agreeing to the Okie Net's TOS & AUP, you agree to indemnify, defend and hold harmless Okie Net, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the TOS & AUP that results either in (a) any cost, expense, damage or loss to Okie Net, or (b) the bringing of any claim against Okie Net by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Okie Net is sued because of your or your customer's activity related to the Services, you will pay any damages awarded against Okie Net, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney's fees.

Severability

If any provision or portion of the TOS & AUP or other Okie Net agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS & AUP or the agreement will continue in full force and effect.

Governing Law

This Agreement shall be governed by the laws of the State of Oklahoma in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in McClain County, Oklahoma. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

No Warranty

• THE SERVICE WILL MEET YOUR REQUIREMENTS

• THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE

• THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE

• THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND

• ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

Changes in Terms Of Service

Okie Net reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

Customer Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach. The labor used to rectify any such damage is categorized as emergency security breach recovery and is currently charged at $195 USD per hour. Enquiries regarding security matters may be directed to admin@okie.net

System And Network Security Violations of system or network security are prohibited, and may result in criminal and civil liability. Okie Net may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.

Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

High-risk services, which are services which tend to attract denial of service attacks, are strictly prohibited. This includes, but is not limited to, IRC related services and selling of shell accounts.

Violators of the policy are responsible, without limitations, for the cost of labor to clean up and correct any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Okie Net. Such labor is categorized as emergency security breach recovery and is currently charged at $195 USD per hour required. Enquiries regarding security matters may be directed to admin@okie.net. Okie Net is concerned with the privacy of online communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Okie Net urges its customers to assume that all of their online communications are insecure. Okie Net cannot take responsibility for the security of information transmitted over Okie Net facilities.

Our focus is to sell hosting to U.S. and Canadian Clients, We block many foreign countries access to our site to setup a reseller account. We will not restrict resellers from selling services outside our market plan, however if any reseller hosts a non English site they are required to give us a translation of the content in English. Failure to do so will constitute a Violation of our TOS.

Violations

Please report any violations of the TOS & AUP to admin@okie.net