One Web Ave
"Simply Solutions"
The sky is the limit with OneWebAve

Terms of Service
OneWebAve.com strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other OneWebAve.com customers and us against such harm.

Hosting Account Setup fees and payment
Full payment is required before any hosting, technical support, or service is rendered. We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with a valid email address and phone number which we can reach you at during the sign up period.

Technical Support fees and payment
Technical support for web hosting issues is free when submitted via email during normal business hours.  Please see our pricing page for current pricing on support issues that are not covered.

Payment Policies, Fees, Cancellations, and Refunds:
All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, one year) following the date the account was established. Billing will continue until you cancel your hosting account.  You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify OneWebAve via email of your desire to cancel any or all services received, those services will be billed on a recurring basis.

We reserve the right to change the monthly payment amount and any other charges at anytime.

If you remove payment details from your account, we reserve the right to cancel your account without warning.

You may cancel at anytime. We offer credits or refunds for payments within the last 30 days. We do NOT give refunds for yearly plans after 30 days have passed, should you want to cancel prepaid service. All monetary transactions are in $US dollars. Monthly feature prices are not prorated. OneWebAve reserves the right to change prices at any time. In the case of price chages, you will be notified via email. Should you not accept the new terms, you may cancel your account within 30 days and receive a full refund.

Non-payment of services will result in your hosting account being suspended temporarily. There is a $25 service reinstatement fee for all accounts suspended due to non-payment.  We strive to contact all customers via email and phone prior to service interruptions. 

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to OneWebAve.com or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Hosting Account Cancellation:
You may cancel at anytime. To cancel your account, please contact Customer Service via the Contact link.  Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the the clients responsibility to secure email confirmation from OneWebAve.com that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If the client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve the client of any outstanding financial obligations.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund.  If you have opened a second account with us, only the first account will be eligible for a refund.

We do not offer refunds for custom programming, technical support, or other fee-based services.

Please allow 15 to 25 days for us to process refunds for web site design packages.  All refunds will be paid back to the same form of payment (i.e., credit card payments will be refunded to the exact same credit card.)

The client will pay for and will retain ownership of domain names registered through Network registrars, and will be responsible for their timely renewal if necessary.

Indemnification Policy:
You agree to use all OneWebAve.com services and facilities at your own risk. OneWebAve.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall OneWebAve.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold OneWebAve.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against OneWebAve.com, 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 OneWebAve.com against liabilities arising out of:

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with OneWebAve.com’s server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement
(4) any defective products sold to customer from OneWebAve.com’s servers.
(5) any web site down time



OneWebAve.com reserves the right to monitor any and all communications through or with our facilities. You agree that OneWebAve.com is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

SPAM Policy:
OneWebAve.com is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the OneWebAve.com network, by customers or any other users of the OneWebAve.com network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the OneWebAve.com server; if the return address uses a site hosted by OneWebAve.com.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an OneWebAve.com email address or web site URL is prohibited. The use of OneWebAve.com servers as a mail drop for responses to activities described above is also prohibited. Accounts serviced or canceled due to spam may be billed a "clean up" fee of up to $425.00.

If you have any complaints or comments regarding Spam on our network, please direct them via our web contact form.

Software security policy:
The client is solely responsible for keeping any software applications they have uploaded current and up-to-date. Out-of-date software can be a security risk, and may place your account and our server at risk for hackers.

In the event that software you are using is both (a) out-of-date and (b) compromised by an unauthorized party and OneWebAve.com is forced to react to a security issue, OneWebAve.com reserves the right to bill you at our current hourly rate for clean-up of your site and any related problems caused by your insecure software. In the event other clients are impacted, we may also bill you for time spent assisting those clients. In addition, should we deem your site an ongoing security risk, we may take it offline with no warning to you while we attempt to remedy the problem.

While we will make every attempt to only disable affected web services, we may be forced to disable your entire account which means email and other services may be disrupted.

If we determine a script or software package you are using is out of date and is a secuity risk, we may demand that you immediately upgrade it. We may opt to allow you a 24-hour window to resolve the issues, password protect your website, or take any other action we deem neccessary to protect our server and clients from undue hardship while you resolve these issues. In the event you would like us to upgrade the software, we will bill you at our normal hourly rate.

In the event that you are unwilling or unable to resolve the security issues with your account, we may choose to terminate your account. No refunds are offered if your account is terminated due to failure to follow our security policies.

Content Policy:
All services provided by OneWebAve.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless OneWebAve.com from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and sex-related merchandising is allowed on all OneWebAve.com servers. This includes sites that may infer sexual content, or links to adult content elsewhere.

Prohibited are sites that promote any illegal activity or present content that may be damaging to OneWebAve.com servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Illegal sexual content, such as beastiality or underage models
  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • IRC Eggdrops
  • Proxy Servers
  • NPH-Proxy
  • The Anonymizer
  • Any Soap Mailers
  • Matt's formmail.pl (version 1.9S and above is ok)
  • Certain message boards/bloggers are not allowed because they use up too many system resources or have major security risks:
  • Ultimate Bulletin Board (UBB) - all versions
  • Ikonboard - all versions
  • GreyMatter Weblogger

These precautions are in place to provide our customers with the highest uptime possible. Boards we do recommend are vBulletin and phpBB.

Any illegal activity, including spamming or hacking will result in your site being shut down and all your files deleted without warning. No refund, even for pre-paid service, is given in this case.

OneWebAve.com will be the sole arbiter as to what constitutes a violation of this provision.

DNS policy:
If you so authorize us to make DNS changes, you do so at your own risk.  DNS changes can render your web site and/or email services inoperable.  If you authorize us to make DNS changes by providing us with the information to complete such changes, you agree to hold harmless OneWebAve for any consequences of these changes.  

Email Policy:
OneWebAve.com may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. "Safe-lists" are also strictly forbidden.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other OneWebAve.com customers. You will be notified within 24 hours about offending cgi script via email sent to your contact email address listed in you cPanel or WHM account.

Chat Policy:
OneWebAve.com allows only those chat rooms that do not run on our servers, or that can be installed through your Control Panel. You can, however, link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com.

Traffic Policy:
OneWebAve.com allows for very generous traffic, and most sites never exceed their allotment, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. OneWebAve.com customers are discouraged from storing any files that cause excessive traffic or server load on OneWebAve.com servers.

All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and will attempt to notify you if you are about to exceed your limit. If you exceed your limit, you may opt to upgrade your web hosting plan at your expense, or let your site shut down for the remainder of the billing period at your discretion.  You can monitor your transfer at anytime in your Control Panel.

Backups:
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.   No backups are made, except if you initiate a backup from your control panel. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the client's responsibility to maintain local copies of their web content or any other information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If data loss occurs you may authorize OneWebAve.com to recover the data for a $500.00 to $2,000.00 fee.

Resource Usage
Accounts may not initiate the following:

  • Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
  • Send more than 400 emails per hour.

Uptime Guarantee
Your site will have a 99.9% uptime. We monitor our servers at 3 to 15 minute intervals, 24 hours a day, 7 days a week, 365 days a year.

  • For each month that experiences 45 to 120 minutes of continuous down time, we will refund half your monthly hosting fees.
  • For each month that experiences more than 120 minutes of continuous downtime, we will refund you the entire months hosting fees.
  • We will only provide one refund during the month that downtime was experienced, up to the amount of the hosting fees paid. 
  • All servers require normal maintenance and reboots during which time claims are excluded from our uptime guarantee. In order to minimize your impacts, we will:
    • Warn you in advanced by sending an email to your hosting account registered email.
    • perform service in off-peak hours such as after 10:00 pm and before 6:00 am PST, weekends or week nights).
  • Uptime guarantee does not apply if your account has been compromised or is otherwise in violation of our policies.
This policy, however, does not cover downtime related to problems stemming from:
  • User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, your network connection fails, or your computer is mis-configured.)
  • Failures due to client installed software that is not explicitly supported by OneWebAve
  • A server crash provoked by the customer site or usage.
  • Network outages
  • DNS outages
  • Server operating system, security, or service upgrades
  • Emails being bounced or rejected by other hosts/ISPs/providers
  • Any other non-server related issues

Refunds will only be granted when the client(s) can provide us with proof that their server was down for an extended period of time that was directly related to server failure, if we cannot otherwise confirm it.  We will not offer refunds due to network outages that may be related to the client(s), client-installed software problems, network connection failures, un-reproducible errors, or DNS failures.  If we can connect to your server, we will consider it up

Changes
OneWebAve.com reserves the right to amend our Terms and Conditions at any time and without notice.  It is your responsibility to keep up to date with our terms and conditions.

Updated 8-11-2008