Terms of Use

Privacy Policy

Acceptable Use Policy

Disclaimer

Terms of Use ~ Customer Agreement

Customer Agreement 1. The Antrim Company, LLC, Doing Business as OCwebSource.com, ("OCWS") agrees to provide Internet access, Web Hosting, and services ("Service") to the User ("Subscriber") under the following terms and conditions contained in this Agreement ("Agreement"). The following Terms of Service must be agreed by the Customer when ordering a package from OCwebSource.com. Agreeing to our Terms of Service you are also agreeing to our Acceptable Use Policy, Private Policy, and our Disclaimer. 1) Introduction I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, OCWS shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through OCWS Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT OCWS RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON. 2) Provision of Services/Access I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that OCWS reserves the right to terminate my account at any time, for any reason. OCWS will provide me and my authorized users analog or digital access to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of OCWS, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond OCWSs control. 3) My Obligations a) I understand that I am responsible for determining whether a OCWS phone number is within my local calling area, and for any long distance charges I may incur in connecting to OCWS. b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel. c) I understand that OCWS may change its prices from time to time, and that I will be provided with at least 15 days written or electronic mail notice of any such changes. d) I understand that I can not use or permit other users to use the Network in ways: i) that are unlawful; or ii) infringe the rights of others; or iii) interfere with users of OCWS’s Network or other networks; or iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or v) otherwise violate the policies referenced in this Agreement. f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software). 4) Security I understand that the information available through OCWS’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through OCWS Network or other interconnecting networks may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that OCWS makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the OCWS, or other interconnecting networks. 5) Term and Termination I agree that this Agreement becomes effective upon registration of my login identification name or use of OCWS's services and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. Cancellation requests for OCWS's accounts must be received in writing via Email (From Subscriber's email account), Fax, or US Mail at OCWS's mailing address at 1048 Irvine Ave #149, Newport Beach, CA. 92660 USA. Such requests must be received by 5pm PST on the 25th day of the prior month in order to be processed by the beginning of the next billing cycle. Pro-rated refunds will not be issued. Account Set-up Fees are non-refundable and non-transferable. Phone cancellations are not accepted. I understand that OCWS reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on OCWS's servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for OCWS, and would likely be a cause for termination of my account. I agree to abide at all times by OCWS's then-current Usage Policies 6) Pricing/Payments/Credits If I have given my credit card number to OCWS, I understand that charges will be automatically billed to my credit card each month for the basic service fee and any additional usage fees. I expressly authorize this automatic billing by OCWS. I understand that OCWS's monthly billing cycle runs from the 1st day of registration to the last day of the following month. I agree and understand that I will be billed for the next month’s basic service fee on the 1st day of each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that OCWS shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by OCWS pursuant to this authority. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service. Subscriber will select a Billing option. Options include Monthly Automatic Credit Card Deduction (Visa, MasterCard, or American Express), or Invoicing. OCWS will process Credit Cards automatically on or around the First (1st) of every month. In the event that an Automatic Debit (Credit Cards/Checks) is returned or rejected from the issuing bank for any reason (e.g. due to insufficient funds from the bank, expired dates on Credit Cards, or a change in bank/credit card accounts) a Return Item processing fee of $30.00 will be charged. Subscribers will be notified at that time and a payment must be made within 5 business days. All Subscribers paying by Credit Card must sign an Automatic Deduction Authorization Form or acknowledge an eForm via email address on file. Billing Invoices are sent out on a Monthly, Quarterly, Semi-Annually, or Annually to the Subscriber Thirty (30) days prior to the First (1st) of the month. Account balances are due and payable by the First (1st) of every month. Any account balances that remain unpaid Ten (10) days after the due date, a late fee of $15.00 will be automatically charged. In the event the Subscriber's account is not paid in full within Twenty (20) days from the due date, the account will be De-Activated. To remove an account from the De-Activated status, a service re-connection charge equal to the currently charged set-up fee may be charged. A De-Activated account will continue to accrue charges until cancelled. 7) Disclaimer And Limitation Of Liability I understand that the use of my OCWS account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of OCWS for any and all claims relating to the services provided by OCWS, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to OCWS for services within the preceding twelve months. I agree that OCWS shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies. OCWS SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL OCWS BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES OCWS FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. OCWS's PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. OCWS SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL OCWS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF OCWS FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO OCWS FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. OCWS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. 8) Law And Jurisdiction I understand and agree the laws of the State of California govern this Agreement and my OCWS account. I expressly agree that exclusive jurisdiction for any claim or dispute with OCWS or relating in any way to my account or my use of OCWS resides in the courts of California. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute, including any claim involving OCWS or its affiliates, subsidiaries, employees, contractors, officers, or directors. 9) Indemnity I agree to defend, indemnify and hold OCWS and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by me or those who access the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify OCWS along with any parties from whom OCWS obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law. 10) Complete Agreement/Amendments This agreement, when read in conjunction with the then-current published OCWS Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between OCWS and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that OCWS may amend or modify this agreement and/or the OCWS Usage Policies, or impose new conditions at any time. Any use of OCWS’s Network subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the OCWS Access home page. 11) OCWS Disconnect Policy OCWS reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by OCWS through electronic means. This time is approximate and subject to change without notice in OCW's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. OCWS reserves the right to electronically audit connections to enforce the above requirements. OCWS reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in OCWS's sole discretion. OCWS reserves the right to electronically audit connections to enforce the above requirements. Customer Agreement 1. The Antrim Company, LLC, Doing Business as OCwebSource.com, ("OCWS") agrees to provide Internet access, Web Hosting, and services ("Service") to the User ("Subscriber") under the following terms and conditions contained in this Agreement ("Agreement"). The following Terms of Service must be agreed by the Customer when ordering a package from OCwebSource.com. Agreeing to our Terms of Service you are also agreeing to our Acceptable Use Policy, Private Policy, and our Disclaimer. 1) Introduction I understand and agree that, subject to the terms and conditions of this Agreement, and the policies referenced herein, OCWS shall provide me (the Subscriber) with certain Internet access and/or web site hosting services (the Network). By accessing the Internet through OCWS Network, I understand that I, and/or any person using my login identification (Authorized Users) explicitly and implicitly accept the terms and conditions contained in this Internet Access Agreement (the Agreement) and I agree to be bound thereby. I UNDERSTAND THAT OCWS RESERVES THE RIGHT TO TERMINATE THIS ACCOUNT AT ANY TIME, FOR ANY REASON. 2) Provision of Services/Access I understand and agree that I am fully responsible for the use of the Network by me or by anyone whom I permit to use my account, and that OCWS reserves the right to terminate my account at any time, for any reason. OCWS will provide me and my authorized users analog or digital access to the Internet, depending upon the rate plan selected, subject to conditions generally beyond the control of OCWS, including, but not limited to, the type and condition of the equipment (personal computer, modem, etc.) I understand that simultaneous, multiple logins under the same login identification are not allowed. I understand that the Network may be temporarily unavailable or limited because of capacity limitations and may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocations, repairs, and similar activities necessary for the proper operation of Network, as well as conditions of the Internet beyond OCWSs control. 3) My Obligations a) I understand that I am responsible for determining whether a OCWS phone number is within my local calling area, and for any long distance charges I may incur in connecting to OCWS. b) I understand that I may cancel my account at any time, but that I am responsible for the entire monthly charge in the month in which I cancel, in addition to any additional usage charges accrued though the day I cancel. c) I understand that OCWS may change its prices from time to time, and that I will be provided with at least 15 days written or electronic mail notice of any such changes. d) I understand that I can not use or permit other users to use the Network in ways: i) that are unlawful; or ii) infringe the rights of others; or iii) interfere with users of OCWS’s Network or other networks; or iv) infringe upon the copyrights, trademarks or other intellectual property rights of others; or v) otherwise violate the policies referenced in this Agreement. f) I understand that I must comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Network (i.e., data encryption software). 4) Security I understand that the information available through OCWS’s Network or other interconnecting networks may not be accurate, including the content displayed on my PC’s desktop. I understand that some of the information available through OCWS Network or other interconnecting networks may be intended for adult audiences. I understand that internet communications are not secure, and may be subject to interception or loss. I understand that OCWS makes no warranties of any kind, whether expressed, implied, or statutory concerning either the security of data and/or information or its accuracy available through the OCWS, or other interconnecting networks. 5) Term and Termination I agree that this Agreement becomes effective upon registration of my login identification name or use of OCWS's services and shall remain in effect for the period indicated in the rate plan selected or until terminated as provided in this Agreement. I further acknowledge that this Agreement shall continue in effect for consecutive additional terms following the Initial Term until either Party gives the other party online notice or other notice of termination at least thirty (30) calendar days prior to the expiration of the then-current term. Cancellation requests for OCWS's accounts must be received in writing via Email (From Subscriber's email account), Fax, or US Mail at OCWS's mailing address at 1048 Irvine Ave #149, Newport Beach, CA. 92660 USA. Such requests must be received by 5pm PST on the 25th day of the prior month in order to be processed by the beginning of the next billing cycle. Pro-rated refunds will not be issued. Account Set-up Fees are non-refundable and non-transferable. Phone cancellations are not accepted. I understand that OCWS reserves the right to terminate my account at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my account is deactivated, I understand that I may be required to pay reactivation charges and a prepaid deposit in order to reactivate my account. If my account remains inactive for a period exceeding thirty (30) days consecutively, I understand my account may be deleted. If my deleted account includes content stored on OCWS's servers, anything stored therein will also be deleted. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for OCWS, and would likely be a cause for termination of my account. I agree to abide at all times by OCWS's then-current Usage Policies 6) Pricing/Payments/Credits If I have given my credit card number to OCWS, I understand that charges will be automatically billed to my credit card each month for the basic service fee and any additional usage fees. I expressly authorize this automatic billing by OCWS. I understand that OCWS's monthly billing cycle runs from the 1st day of registration to the last day of the following month. I agree and understand that I will be billed for the next month’s basic service fee on the 1st day of each month, and that invoice will reflect the next month’s basic service along with additional usage fees, if any, from the previous month. I agree that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that OCWS shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by OCWS pursuant to this authority. I understand there shall be no credits, reductions, or setoffs against the charges for service for downtime or interruption of Service. I understand there will be no prorating for Service in either the first or last months of Service. Subscriber will select a Billing option. Options include Monthly Automatic Credit Card Deduction (Visa, MasterCard, or American Express), or Invoicing. OCWS will process Credit Cards automatically on or around the First (1st) of every month. In the event that an Automatic Debit (Credit Cards/Checks) is returned or rejected from the issuing bank for any reason (e.g. due to insufficient funds from the bank, expired dates on Credit Cards, or a change in bank/credit card accounts) a Return Item processing fee of $30.00 will be charged. Subscribers will be notified at that time and a payment must be made within 5 business days. All Subscribers paying by Credit Card must sign an Automatic Deduction Authorization Form or acknowledge an eForm via email address on file. Billing Invoices are sent out on a Monthly, Quarterly, Semi-Annually, or Annually to the Subscriber Thirty (30) days prior to the First (1st) of the month. Account balances are due and payable by the First (1st) of every month. Any account balances that remain unpaid Ten (10) days after the due date, a late fee of $15.00 will be automatically charged. In the event the Subscriber's account is not paid in full within Twenty (20) days from the due date, the account will be De-Activated. To remove an account from the De-Activated status, a service re-connection charge equal to the currently charged set-up fee may be charged. A De-Activated account will continue to accrue charges until cancelled. 7) Disclaimer And Limitation Of Liability I understand that the use of my OCWS account, and any data or information accessed using that account, will be completely at my own risk. I understand that the cumulative liability of OCWS for any and all claims relating to the services provided by OCWS, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to OCWS for services within the preceding twelve months. I agree that OCWS shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies. OCWS SHALL NOT BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR OTHER INTERRUPTION, NOR SHALL OCWS BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED BY SUBSCRIBER’S OR ITS AUTHORIZED USERS’ EQUIPMENT. SUBSCRIBER HEREBY RELEASES OCWS FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA THE NETWORK. OCWS's PERFORMANCE UNDER THIS AGREEMENT SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL. OCWS SHALL NOT BE LIABLE IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF SUBSCRIBER’S OR ITS USERS’ EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL OCWS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, OR SIMILAR LOSS. THE LIABILITY OF OCWS FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THAT TOTAL AMOUNT OF THE BASIC SERVICE FEES PAID TO OCWS FOR SERVICES WITHIN THE PRECEDING TWELVE MONTHS. OCWS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE NETWORK, AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY IMPLIED BY LAW. 8) Law And Jurisdiction I understand and agree the laws of the State of California govern this Agreement and my OCWS account. I expressly agree that exclusive jurisdiction for any claim or dispute with OCWS or relating in any way to my account or my use of OCWS resides in the courts of California. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute, including any claim involving OCWS or its affiliates, subsidiaries, employees, contractors, officers, or directors. 9) Indemnity I agree to defend, indemnify and hold OCWS and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or arising from, any violation of this agreement by me or those who access the Network through my account, or the use of the Network or the Internet whether or not I have knowledge of or have authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement, or other tortious behavior. I agree to indemnify OCWS along with any parties from whom OCWS obtains network services, and to hold them harmless from any claims resulting from the use of the Network by me or any authorized users that damage another party or that violate the law. 10) Complete Agreement/Amendments This agreement, when read in conjunction with the then-current published OCWS Usage Policies (incorporated herein by reference as if fully set out) represents the complete agreement between OCWS and myself with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. I understand and agree that OCWS may amend or modify this agreement and/or the OCWS Usage Policies, or impose new conditions at any time. Any use of OCWS’s Network subsequent to any changes or amendments shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link on the OCWS Access home page. 11) OCWS Disconnect Policy OCWS reserves the right to disconnect a dial-up account after 15 minutes of inactivity, as detected by OCWS through electronic means. This time is approximate and subject to change without notice in OCW's sole discretion. Electronic or mechanical means to avoid an inactivity disconnect are strictly prohibited. Electronic or mechanical means include, but are not limited to, "pinging" the mail server, employing electronic or software AutoDial features to maintain an active connection or repeatedly checking for e-mail by autolog-in to the mail server. OCWS reserves the right to electronically audit connections to enforce the above requirements. OCWS reserves the right to disconnect a dial-up account after 4 hours of continuous connect time. This time is approximate and subject to change without notice in OCWS's sole discretion. OCWS reserves the right to electronically audit connections to enforce the above requirements.