Omnis Network, LLC Affiliate Agreement
The terms "affiliate", "you", and "your" refer to, whether as an individual or entity, to you as the one applying to
Omnis Network, LLC's affiliate program. The terms "we" and "our" refer to Omnis Network, LLC.
1. TERMS AND CONDITIONS
IMPORTANT-READ CAREFULLY: THIS AFFILIATE PROGRAM AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU AND OMNIS NETWORK, LLC
FOR PARTICIPATION IN OMNIS NETWORK, LLC'S AFFILIATE PROGRAM AS MANAGED BY OMNIS NETWORK, LLC'S INTERNAL PROGRAM. BY
REGISTERING FOR AND PARTICIPATING IN OUR PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT SIGNUP FOR OR PARTICIPATE IN THE PROGRAM. IF YOU ARE ALREADY
AN OMNIS NETWORK, LLC AFFILIATE AND DO NOT AGREE TO THE ENTIRE AFFILIATE AGREEMENT, THEN IMMEDIATELY TERMINATE ALL USES OF
OMNIS NETWORK, LLC'S MATERIALS AND ANY LINKS TO OMNIS NETWORK, LLC'S WEBSITE.
If you are accepted to participate in our affiliate program and your site is thereafter determined (at our sole discretion)
to be unsuitable based on the criteria below, we reserve the right to terminate this agreement:
· Promotion of discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
· Promotion of illegal activities
· Promotion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially,
ethnically or otherwise objectionable
· Promotion of content related to liquor, tobacco, firearms, drugs, gambling, crime or death
· Promotion of any unlawful behavior or conduct.
· Any other material deemed inappropriate or offensive by Omnis Network, LLC.
Omnis Network, LLC reserves the right to make changes to the affiliate agreement at anytime and solely at our discretion.
Continued participation in our affiliate program constitutes your agreement to any and all changes made to this agreement.
Affiliates earn $75 for every new 12 month (or greater) hosting account, $50 for every new VPS and $100 for a new dedicated server sale generated.
Qualifying sales must meet the following criteria to be eligible for commission credit:
· Each new sale must be by a new and unique visitor to Omnis Network, LLC.
· All web hosting sales must remain active for 30 days before credit will be given.
VPS and Dedicated Server sales must remain active for 90 days before credit is given.
· Each new sale must remain in good standing. Commissions will not be credited for sales that have been
cancelled, terminated, charged back, refunded, or have outstanding balances within the 30 - 90 day activation period.
All sales must originate from the affiliates unique tracking URL. The tracking URL we provide must not be altered.
It is unique to each affiliate and any changes could result in inaccurate statistics generated and for commissions
not to be credited for a sale. Please test your unique tracking URL each time you use it. Omnis Network, LLC will not be
responsible for, nor give credit for, sales that does not have your unique tracking URL attached to it.
Affiliate generated sales that do not meet these requirements, will not be eligible for commission credit.
Commissions are paid when affiliates reach a $75 commission balance. Commission balances that have not yet reached $75
will carry over to the next month until the $75 minimum has been reached. Commissions are processed at the end of each
month and paid by check. Checks will be made payable to the "name" you provided in your affiliate account. All funds
are paid in U.S. dollars.
Affiliates are responsible for their own tax liabilities on commission earnings from our affiliate program.
United States affiliates are required to complete IRS
Form W-9 and send it to Omnis Network, LLC before any commissions can be paidout. The form can be sent
by mail or fax using the following information (Please be sure to include your Omnis Network, LLC username):
ATTN: Affiliate Department
Omnis Network, LLC
3655 Torrance Blvd Suite 230
Torrance CA, 90503
ATTN: Affiliate Department
5. AFFILIATE RESTRICTIONS
The following restrictions apply to all affiliates. If at anytime these restrictions are not adhered to, this
agreement will be terminated and any unpaid commissions will no longer be valid.
· Commissions earned through our affiliate program cannot be transferred to another user, hosting account,
or Omnis Network, LLC program.
· Affiliates cannot earn commissions on their own hosting accounts or domain registrations.
· Affiliates are prohibited in utilizing our protected keyword "OMNIS" or any variation,
misspelling or combination of words with our keyword, in advertising and search engine sites.
· Affiliates are prohibited in making a representation, either expressed or implied, that
visitors to your site are visiting Omnis Network, LLC's site.
· Affiliates are prohibited in using spam or any other unsolicited mass email campaigns.
Omnis Network, LLC does not express or imply any warranties or representations in respect to our affiliate program
or an affiliate's potential to earn income from our affiliate program. We make no representation that either our
site or that of the affiliate program will be uninterrupted or error-free and we will not be liable for any
consequences of interruptions or server down time. Determination of compliance with all terms and conditions
will be solely up to the discretion of Omnis Network, LLC.
Domain Name Registration Agreement
This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of your use of
Omnis Network, LLC to register an Internet domain name and/or to transfer a domain name from another registrar
to Omnis Network, LLC. To complete the registration process, you must read and agree to be bound by all terms
and conditions of this Agreement and any rules or policies that are or may be published by Omnis Network, LLC.
By submitting your registration and service request, you agree to be bound by all terms and conditions of this
Agreement. You acknowledge that Omnis Network, LLC may modify or amend this Agreement at anytime.
1. Our Services
Omnis Network, LLC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") for Top Level Domain Names (TLDs). ICANN oversees registrations and other aspects of the TLDs. As an
accredited domain name registrar, Omnis Network, LLC is, upon accepting your domain name registration, your sponsor for
All domain name registrations are not effective until the domain name registration information provided
has been delivered to the registry administrator for the TLDs, as applicable, and the registry administrator
puts into effect the domain name registration. The TLDs available and the respective registry administrators
detailed in Appendix A are incorporated here by reference.
You agree and acknowledge that Omnis Network, LLC is not liable or responsible in any way for any errors, omissions
or any other actions by the registry administrator arising out of or related to your application and receipt of, or
failure to receive, a domain name registration.
You agree that a registry administrator reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in
its unlimited and sole discretion to correct mistakes made by the registry administrator or registrar in connection
with a domain name registration.
You further agree to indemnify, defend and hold harmless the registry administrators detailed in Appendix A and their directors, officers,
employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any
direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of,
or related to, your domain name registration. You agree that this obligation will continue even after termination or
expiration of the registration.
Omnis Network, LLC uses a user name/password protection system to identify individuals authorized to maintain domain names.
This user name/password combination will be absolutely required to make any modifications and renewals to the domain
name registration. This information will be emailed upon request to the email address on record for the user account
associated with the domain name registration. It is the responsibility of the user to keep the contact information on
record up to date. You agree and acknowledge that Omnis Network, LLC is not liable or responsible in any way for domain name
cancellations or related actions resulting from incorrect contact information.
As consideration for the domain name registration services provided by Omnis Network, LLC, you agree to pay Omnis Network, LLC,
prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees.
The yearly fees for a domain name registration and renewal are available at
All fees are nonrefundable, in whole or in part, even if your domain name registration is suspended, cancelled or
transferred prior to the end of your then current registration term. Omnis Network, LLC reserves the right to change fees,
surcharges, and renewal fees or to institute new fees at anytime, for any reason, at its sole discretion.
Your requested domain name will not be registered until Omnis Network, LLC receives actual payment of the registration,
renewal and reinstatement fees as applicable. In the event of a chargeback by a credit card company or similar action
by any payment provider allowed by Omnis Network, LLC in connection with the payment of the registration fee for your domain
name registration, you agree and acknowledge that the domain name registration shall be transferred to Omnis Network, LLC as
the paying entity for that registration to the registry and that we reserve all rights regarding such domain name
including, without limitation, the right to make the domain name available to other parties for purchase. We will
reinstate your domain name registration solely at our discretion and subject to our receipt of the initial registration
or renewal fee and any reinstatement fees we may charge.
You will be notified via email to the email address on record as the registrant contact at regular intervals beginning
sixty (60) days before the registered domain name expiration. Payment must be made by credit card or such other method
as we may indicate in the registration application or renewal form. Should renewal fees go unpaid beyond the domain
name's expiration date or within the time specified in a notice or reminder regarding renewal, your registration will
Cancelled registration will result in the deletion of the registered domain name from the applicable registry. Deleted
domain names may enter a Redemption Grace Period status. The Redemption Grace Period provides an opportunity to restore
the domain name and retain ownership. Restoration from the Redemption Grace Period may require a fee in addition to the
registration and renewal fee and must be paid prior to a domain name being restored from Redemption Grace Period.
You agree and acknowledge that Omnis Network, LLC is not liable or responsible in any way for domain name cancellations or
related actions resulting from our inability to notify you of the domain name renewal because of incorrect contact
information or your failure to renew a domain name registration before the expiration date for any reason.
5. Domain Name Dispute Policy
You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Resolution Policy that is incorporated
herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at ICANN's
website: http://www.icann.org/udrp/. This policy has been developed by ICANN and/or the specific Registration Administrator
and is a required component of every registration agreement.
6. Modifications to the Domain Name Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving and,
therefore, you agree that Omnis Network, LLC may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN
Agreement, and any other Agreements that Omnis Network, LLC is currently bound by or will be bound by in the future, as well as to
adjust to changing business circumstances. Such modifications will be at the sole discretion of Omnis Network, LLC. Your continued
use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the
new modifications. If you do not agree to any of such changes, you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.
7. Registration Information
You agree to submit all contact information requested during the domain name registration process. Omnis Network, LLC's agreement
with ICANN and the registry administrators, requires the collection of this contact information. You further agree to
immediately validate and update the registration information for the domain name during the registration term of the domain
name when changes are made or upon notification from Omnis Network, LLC to do so. Willful provision of inaccurate or unreliable
information, failure to update registration information or respond within fifteen (15) calendar days to a request to validate
registration information shall constitute a breach of this Agreement and will result in the cancellation or suspension of the
domain name registration.
8. Disclosure and Use of Registration Information
You agree and acknowledge that Omnis Network, LLC will make available domain name registration information you provide or that we
otherwise maintain to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require.
You further agree and acknowledge that Omnis Network, LLC may make publicly available, or directly available to third party vendors,
some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS
service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.
Omnis Network, LLC will not process data about any identified or identifiable natural person that we obtain from you in a way
incompatible with the purposes and other limitations that we describe in this Agreement. Omnis Network, LLC will take reasonable
precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration
or destruction of that information.
You consent to the use, copying, distribution, publication, modification, and other processing of provided registration information
by the registry administrator and its designees and agents in a manner consistent with the purposes needed to operate the registry.
9. Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
You further agree that you will furnish the requested information to identify the appropriate person as domain owner.
You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain
name holder of record and remain responsible for all obligations under this Agreement including, but not limited to, payment
obligations and providing and updating, as necessary, both your own full contact information and accurate technical, billing,
and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain
name and domain name registration.
10. Right of Refusal
Omnis Network, LLC, at its sole discretion, reserves the right to refuse to register your domain name or to enroll you in any services.
In the event Omnis Network, LLC does not register your domain name or enroll you in any services, no fees applicable to the rejected
services will be collected. Furthermore, Omnis Network, LLC, at its sole discretion, reserves the right to delete or suspend your
domain name registration or cancel access to any services at any time if the domain name is used in any manner in unsolicited
email (spam), if the domain name is used in any activity prohibited by United States law or if the domain name is used in any
activity deemed unacceptable by Omnis Network, LLC. After five (5) calendar days all applicable fees associated with deleted or
cancelled registrations or services are non-refundable.
You agree that the registration of your domain name is subject to suspension, cancellation, or transfer pursuant to any ICANN
adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted
specification or policy to correct mistakes by Omnis Network, LLC or a registry administrator in registering the domain name or for
the resolution of disputes concerning the registered domain name.
You agree that Omnis Network, LLC shall not be liable to you for loss or damages that may result from our refusal to register your
domain name or enroll you in any service, the suspension of your domain name registration or service or the deletion or
cancellation of your registered domain name or service.
11. Changing Registrars
You agree that you will be prohibited from changing the registrar of your domain name for sixty (60) calendar days following
the initial registration of the domain name with Omnis Network, LLC. Beginning on the sixty-first (61st) calendar day following
initial registration, Omnis Network, LLC will notify the owner of the Omnis Network user account responsible for the domain name in
question via the email address on file whenever we receive a request to transfer the domain to another registrar. The user
may then access the Account Manager to authorize or deny the transfer. If a rejection or authorization is not explicitly
provided via the Account Manager within five (5) days of the initial request, the request to change registrars will be
automatically granted by the registry. Your request to change registrars may be denied in situations described in the Dispute
Policy, your pending bankruptcy, a dispute over the identity of the domain name holder, and default in the payment of any fees
12. Domain Name Modifications
Although Omnis Network, LLC will accept changes to domain name contact and name server information through the Domain Name Control
Panel, Omnis Network, LLC's record of the domain "owner" can only be changed via the following procedure. To transfer ownership of
the domain to another party, the customer must pay all outstanding registration fees and submit through the Domain Name Control
Panel the applicable form that describes the intent to relinquish ownership of the domain to a specific party. The new domain
owner, who must be the specific party designated by the old domain owner, must then follow the online procedures for obtaining
ownership of the previously relinquished domain name. The new domain owner must also pay a transfer of registration fee.
13. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate.
Furthermore, you represent and warrant that the domain name registration or the manner in which it is directly or indirectly
used will not infringe the legal rights of any third party and will not violate United States law.
Omnis Network, LLC makes no representation or warranties of any kind in connection with this Agreement. Omnis Network, LLC does not represent
or warrant that registration of your domain name will immunize you from challenges to your domain name.
This agreement shall be governed by the laws of the United States of America and the State of California. For the adjudication
of disputes concerning or arising from use of the domain name registered with Omnis Network, LLC, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction of the courts of your home or business and where Omnis Network, LLC
15. Public Interest
You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including
in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic
farming (if applicable), disclosure of data and financial regulations.
You agree that you are prohibited from using a registered domain name to distributing malware, abusively operating botnets, phishing,
piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity
contrary to applicable law.
You agree that if you collect and maintain sensitive health and financial data, you must comply with applicable laws on the provision
of such services and include all security measures applicable to that sector.
16. Limitation of Liability
YOU AGREE THAT OMNIS NETWORK, LLC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF
REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OMNIS NETWORK, LLC'S
REGISTRATION SYSTEM, (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND OMNIS NETWORK, LLC, (E) EVENTS BEYOND OMNIS NETWORK, LLC'S
REASONABLE CONTROL, (F) THE PROCESSING OF YOUR APPLICATION, (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH
YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, OR (I) THE APPLICATION OF THE DISPUTE POLICY.
FURTHER, OMNIS NETWORK, LLC WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF OMNIS NETWORK, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OMNIS NETWORK, LLC'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY,
WITH RESPECT TO ANY SERVICES PROVIDED BY OMNIS NETWORK, LLC UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO
THE AMOUNT YOU PAID FOR SUCH SERVICES. IN NO EVENT SHALL OMNIS NETWORK, LLC'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU FOR INITIAL REGISTRATION OF THE DOMAIN NAME AND ANY RENEWALS THEREOF IN THE PAST THREE YEARS. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
1. Verisign Global Registry Services ("VGRS")
VGRS is the registry administrator for .COM and .NET.
2. Public Interest Registry ("PIR")
PIR is the registry administrator for .ORG.
Neulevel is the registry administrator for .BIZ.
4. Neustar, Inc ("Neustar")
Neustar is the registry administrator for .US.
As the registrant of a .US domain name, you certify that you have, and will continue to have, a lawful bona fide
United States Nexus in order to qualify to register and maintain the of a .US domain name.
United States Nexus is one of:
1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the
United States of America or any of its possessions or territories, or (iii) whose primary place
of domicile is in the United States of America or any of its possessions [Nexus Category 1],
2. A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S.
states, the District of Columbia, or any of the United States possessions or territories, or (ii)
organized or otherwise constituted under the laws of a state of the United States of America,
the District of Columbia or any of its possessions or territories (including a federal, state, or
local government of the United States or a political subdivision thereof, and non-commercial
organizations based in the United States) [Nexus Category 2], or
3. A foreign entity or organization that has a bona fide presence in the United States of America
or any of its possessions or territories [Nexus Category 3].
Prospective Registrants will certify that they have a ?bona fide presence in the United States? on
the basis of real and substantial lawful connections with, or lawful activities in, the United States
of America. This requirement is intended to ensure that only those individuals or organizations
that have a substantive lawful connection to the United States are permitted to register for usTLD
5. Global Domains International, Inc. ("GDI")
GDI is the registry administrator for .WS.
6. Uniregistry, Corp. ("Uniregistry")
Uniregistry is the registry administrator for .AUDIO, .BLACKFRIDAY, .CHRISTMAS, .CLICK, .DIET, .FLOWERS,
.GIFT, .GUITARS, .HELP, .HIPHOP, .HOSTING, .JUEGOS, .LINK, .LOL, .PHOTO, .PICS, .PROPERTY, .SEXY, .TATTOO
For a .SEXY domain name, you agree not to permit
content unsuitable for viewing by a minor to be viewed from the main or top-level
directory of a .SEXY domain name. For purposes of clarity, content viewed at the
main or top-level directory of a .SEXY domain name is the content immediately
visible if a user navigates to http://example.sexy or http://www.example.sexy. No
restrictions apply to the content at any other page or subdirectory addressed by a
.SEXY Registered Name.
7. PUNTO 2012, S.A.P.I. DE C.V. ("Punto")
Punto is the registry administrator for .BAR, .REST.
8. XYZ.com LLC ("XYZ")
XYZ is the registry administrator for .COLLEGE, .XYZ.
9. Top Level Design, LLC ("Top Level")
Top Level is the registry administrator for .DESIGN, .INK, .WIKI.
10. Asiamix Digital Ltd ("Asiamix")
Asiamix is the registry administrator for for .FANS.
11. Merchant Law Group LLP ("Merchant")
Merchant is the registry administrator for .LOVE.
12. United TLD Holdco Ltd ("United")
United is the registry administrator for .ACTOR, .AIRFORCE, .ARMY, .ATTORNEY, .AUCTION, .BAND, .CONSULTING, .DANCE, .DEGREE, .DEMOCRAT, .DENTIST, .ENGINEER, .FORSALE, .FUTBOL, .GIVES, .HAUS, .IMMOBILIEN, .KAUFEN, .LAWYER, .MARKET, .MODA, .MORTGAGE, .NAVY, .NEWS, .NINJA, .PUB, .REHAB, .REPUBLICAN, .REVIEWS, .RIP, .ROCKS, .SALE, .SOCIAL, .SOFTWARE, .VET, .VIDEO.
For a .ARMY, .AIRFORCE, .NAVY, .DENTIST, .ATTORNEY and .LAWYER domain name, you agree to provide administrative contact information, which must
be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact
details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business. You acknowledge
that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation
in the sector associated with the TLD and agree to notify Omnis Network, LLC immediately upon any material changes to the
validity of your authorizations, charters, licenses and/or other related credentials for participation in the sector
associated with the TLD.
For .ARMY, .AIRFORCE, .NAVY domain name, you agree that you will not misrepresent or
falsely imply that the you or your business is affiliated with, sponsored or endorsed by one or
more country's or government's military forces if such affiliation, sponsorship or endorsement does
If you are a resident of Australia or are subject to Australian Law, Australian Law prohibits your
your use of the words "Navy" and "Air Force" in connection with a trade or business. You are advised to contact
legal counsel prior to registering a .NAVY or .AIRFORCE domain name.
13. Donuts Inc. ("Donuts")
Donuts is the registry administrator for .ACADEMY, .ACCOUNTANTS, .AGENCY, .APARTMENTS, .ASSOCIATES, .BARGAINS, .BIKE, .BINGO, .BOUTIQUE, .BUILDERS, .BUSINESS, .CAB, .CAFE, .CAMERA, .CAMP, .CAPITAL, .CARDS, .CARE, .CAREERS, .CASH, .CASINO, .CATERING, .CENTER, .CHAT, .CHEAP, .CHURCH, .CITY, .CLAIMS, .CLEANING, .CLINIC, .CLOTHING, .COACH, .CODES, .COFFEE, .COMMUNITY, .COMPANY, .COMPUTER, .CONDOS, .CONSTRUCTION, .CONTRACTORS, .COOL, .COUPONS, .CREDIT, .CREDITCARD, .CRUISES, .DATING, .DEALS, .DELIVERY, .DENTAL, .DIAMONDS, .DIGITAL, .DIRECT, .DIRECTORY, .DISCOUNT, .DOG, .DOMAINS, .EDUCATION, .EMAIL, .ENERGY, .ENGINEERING, .ENTERPRISES, .EQUIPMENT, .ESTATE, .EVENTS, .EXCHANGE, .EXPERT, .EXPOSED, .EXPRESS, .FAIL, .FARM, .FINANCE, .FINANCIAL, .FISH, .FITNESS, .FLIGHTS, .FLORIST, .FOOTBALL, .FOUNDATION, .FUND, .FURNITURE, .GALLERY, .GIFTS, .GLASS, .GOLD, .GOLF, .GRAPHICS, .GRATIS, .GRIPE, .GUIDE, .GURU, .HEALTHCARE, .HOCKEY, .HOLDINGS, .HOLIDAY, .HOUSE, .IMMO, .INDUSTRIES, .INSTITUTE, .INSURE, .INTERNATIONAL, .INVESTMENTS, .JEWELRY, .KITCHEN, .LAND, .LEASE, .LEGAL, .LIFE, .LIGHTING, .LIMITED, .LIMO, .LOANS, .MAISON, .MANAGEMENT, .MARKETING, .MEDIA, .MEMORIAL, .MONEY, .MOVIE, .NETWORK, .PARTNERS, .PARTS, .PHOTOGRAPHY, .PHOTOS, .PICTURES, .PIZZA, .PLACE, .PLUMBING, .PLUS, .PRODUCTIONS, .PROPERTIES, .RECIPES, .REISEN, .RENTALS, .REPAIR, .REPORT, .RESTAURANT, .RUN, .SARL, .SCHOOL, .SCHULE, .SERVICES, .SHOES, .SHOW, .SINGLES, .SOCCER, .SOLAR, .SOLUTIONS, .STYLE, .SUPPLIES, .SUPPLY, .SUPPORT, .SURGERY, .SYSTEMS, .TAX, .TAXI, .TEAM, .TECHNOLOGY, .TENNIS, .THEATER, .TIENDA, .TIPS, .TIRES, .TODAY, .TOOLS, .TOURS, .TOWN, .TOYS, .TRAINING, .UNIVERSITY, .VACATIONS, .VENTURES, .VIAJES, .VILLAS, .VISION, .VOYAGE, .WATCH, .WORKS, .WORLD, .WTF, .ZONE.
Web Hosting Service Agreement
This Web Hosting Service Agreement ("Agreement") defines the terms under which Omnis Network, LLC provides web hosting service ("Service").
This Agreement is a binding contract between Omnis Network, LLC ("Omnis Network"), a California Limited Liability Company, and the individual or
company ("Customer") defined on the order form when an order for service is submitted.
BY COMPLETING AN ORDER FOR SERVICE, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP"),
AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. OMNIS NETWORK RESERVES THE RIGHT TO REVISE THIS
AGREEMENT AT ANY TIME. CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
1. Term of Service
The term of service is determined by Customer's selection on the order form during the order process or by Customer's
request to Omnis Network's Customer Service Department ("Customer Service") to change to a different currently offered term.
The term shall begin upon the processing of Customer's order, which may not necessarily coincide with the commencement of
service, or upon completion of requested changes by Customer Service.
Upon completion of the term, Customer acknowledges and agrees that the term will renew automatically for successive terms
of length equal to the prior term.
2. Order Acceptance
Omnis Network may refuse to accept an order for service at its sole and exclusive discretion. Omnis Network provides no
guarantee or assurance to the time in which a new order will be processed. Any fees charged to Customer for an order that
was refused will be returned in full.
Customer authorizes Omnis Network to automatically bill and charge the credit card provided, if applicable, for each term unless
service is terminated or cancelled by either party prior to the term's expiration. Customer acknowledges if using a payment method
other than credit card, payment must be received prior to term's expiration to ensure uninterrupted service. Omnis Network may, at
its sole discretion, suspend or terminate service without notice if Customer fails to provide payment for the new term.
If Customer initiates a chargeback with the provider of a credit card or initiates a similar action to a payment provider allowed
by Omnis Network for charges billed by Omnis Network for service, service will be immediately cancelled without notice. Reestablishment
of service following a chargeback or similar action will require sufficient explanation for the action and payment of the disputed
charge and Omnis Network's bank dispute fee. Omnis Network, at its sole discretion, will determine whether any explanation provided for
a chargeback or similar action is sufficient.
4. 30 Money Back Guarantee
Omnis Network may offer a money back guarantee for select new hosting service. If a money back guarantee is available for service, Customer
must request cancellation of service within the time frame permitted by the guarantee and refund must be explicitly requested. If cancelling
service in accordance with a Money Back Guarantee, any promotions received in combination with the service will not be fulfilled.This includes
but is not limited to any domain name registration provided free of charge with hosting service. If cancelling an account in accordance with
a Money Back Guarantee, the refund applicable will be reduced by any discounted or rebated domain name registration fees. If necessary to
recoup the discount or rebate provided for a domain name registation, the credit card provided for the service may be charged.
Omnis Network reserves the right to cancel service at any time without notice and without refund upon breech of any Agreement, violation of
our Acceptable Use Policy, or violation of any rule or policy.
Customer can voluntarily cancel service at any time by contacting Customer Service. Customer agrees that authorization information in the
form of the user account username and password or the current active billing credit card number must be provided for a cancellation request
to be processed. Cancellation requests without proper authorization will not be processed. Omnis Network is not responsible for charges billed
to Customer following a cancellation request received without proper authorization.
Customer acknowledges, upon cancellation of service, that content including but not limited to web site files, database data, and email
stored under space allocated for Customer's service may be deleted at any time following cancellation.
Customer agrees, upon cancellation of service, that Omnis Network will not automatically refund any service fees. Customer must request a
refund for any unused service fees by contacting Customer Service. Upon request, a prorated refund for the unused term will be issued through
the same method with which the service fee was collected.
6. Acceptable Use Policy
An Acceptable Use Policy ("AUP") is in effect for hosting service. Any violation of the AUP may result in the immediate cancellation or
suspension of any or all service without warning.
7. Resource Allocation
Customer acknowledges that the real-time resources allocated for hosting service are dynamically allocated based on the amount of overall
resources used by Customer. Real-time resources include but are not limited to bandwidth, MySQL connections, email connections, web server
CPU, and web server RAM. Real-time resources may be affected by things such as, but not limited to, bandwidth and disk space used, the number
or size of configured email accounts, the number of web sites configured under hosting service, or the number of or activity on connections
to MySQL databases.
Omnis Network uses Network-attached storage devices to store Customer's files. The nature of this type of storage requires that Omnis Network
limit the number of files Customer can store with the hosting service to prevent exhaustion of the total number of files permitted on the
storage device. This limit is 81920 files. Customer acknowledges that this limit exists for all hosting service and can not be adjusted.
8. Email Service
The hosting service provided to Customer includes email service. Customer acknowledges that email is not an instant message service and
email delivery may be delayed by many factors beyond Omnis Network's control.
Omnis Network employs various techniques to hamper unsolicited email and virus dissemination through email. Customer acknowledges that some
of the techniques may prevent receipt of email from some senders. Omnis Network can assist in determining the cause of the failure but it is
the sender's responsibility to resolve the condition that caused the failure. Customer agrees that Omnis Network is not responsible and will
not be liable for any outcome related to the failure to receive an email.
Email accounts provided by Omnis Network may not be used for permanent archival of email messages. Omnis Network may, at its sole discretion,
suspend an email account if the email account's disk usage is abusive or grossly exceeds the normal usage of other customers or detrimentally
affects the service of other customers in any way.
Email accounts have a per mailbox limit of 2 gigabytes and 10,000 email messages, whichever comes first. Once that limit is reached, messages
destined for the affected mailbox will be refused by inbound mail systems using industry standard methods.
Email messages stored in folders of an email account meant to hold deleted messages or messages marked as spam will be purged.
Messages older than 7 days in folders meant to hold deleted messages will be deleted. The folders defined by Omnis Network to be intended to
hold deleted message are 'Trash' and 'Deleted Items'. Messages older than 14 days in folders meant to hold messages marked as spam will be
deleted. The folder defined by Omnis Network to be intended to hold messages marked as spam is 'Spam'.
Customer acknowledges that email accounts left dormant will be removed. Omnis Network considers an email account dormant that has not been
accessed for a period of 6 months following prior usage or that has never been accessed for a period of 90 days since creation. Customer
agrees that when an email account left dormant is removed the email stored in association with the dormant email account will be deleted.
Customer agrees that Omnis Network is not responsible and will not be liable for any content lost when a dormant email accounts is removed.
Omnis Network acknowledges that the data stored in support of hosting service, including but not limited to web site files, email messages,
web site logs, and database content, is confidential. Omnis Network will never willfully access, review, or disseminate stored data unless
necessary to provide customer service and troubleshooting, in reviewing for policy compliance, when administering hosting services, or in
response to a subpoena, search warrant, or court order.
Omnis Network uses industry standard practices to protect stored files, email messages, web site logs, database content and any other data
stored for support of a hosting account. Omnis Network makes no guarantee to the security of applications installed by Customer including but
not limited to third party applications installed through the Account Manager. Customer acknowledges they are solely responsible for the
security of all applications installed by Customer even if the installation was facilitated through the Account Manager.
Customer acknowledges that the Internet is a volatile environment and Omnis Network is not liable for confidential information stored by
applications installed by the Customer. Customer must take all appropriate precautions to secure confidential or sensitive information including
encrypting if Customer deems necessary. Customer acknowledges they are solely responsible for ensuring the security of stored data and
agrees that Omnis Network is not liable for release of stored data.
11. Web server Logs and Web site Statistics
Omnis Network provides the option for Customer to enable and use tools to generate web site statistics for a hosted web site. The web site
statistics will be generated automatically based on the web server activity associated with the hosting service. Omnis Network makes every
attempt but does not guarantee to provide web site statistics on a daily basis. Customer acknowledges that the analysis of web site statistics
is a system intensive process and the analysis may occasionally run behind. Customer agrees to hold Omnis Network harmless against claims
related to delayed web site statistics analysis.
Omnis Network provides the option for Customer to be provided with raw log files containing the web server activity associated with a hosted web
site. Log files will be written periodically to a directory unique to each hosted web site. Omnis Network makes every attempt but does not
guarantee to provide log files on a daily basis. Customer acknowledges that the creation of the log files may occasionally run behind
schedule. Customer agrees to hold Omnis Network harmless against claims related to delayed access to log files.
To preserve disk resources, logs files will be deleted on a periodic basis. Customer is solely responsible for obtaining the log files prior to
deletion. Omnis Network is not liable for logs files not retrieved by Customer prior to periodic deletion.
12. Customer Content
Customer acknowledges that web site construction and management is Customer's responsibility. Omnis Network is not responsible for web site
management or files lost or damaged by Customer. Omnis Network recommends that Customer maintain backups of content outside of space associated
with hosting service.
Omnis Network maintains system backups that are intended only to recover from system failure. The system backups are not intended for restoration
of files to individual sites. A fee of $100.00 may be charged should Customer require any files from system backups. Omnis Network does not
guarantee that the files contained in the system backup are the most recent copies for a given site. System backups are available for at most 6 days.