Original Version: September 2008
The use of services from openadvertising.asia, a division of OPEN Advertising Limited Company [hereafter referred to as “OPEN Design Studio”] constitutes agreement to these terms.
1. Account setup and email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government-issued identification, company documents and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent and be denied.
Transfers: We will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 7 days from your signup date. Transfers outside of the 7-day free period will incur a charge; please contact our support department with specific details to receive a price quote.
All services provided by OPEN Design Studio may only be used for lawful purposes. The laws of the province of Chonburi, Thailand and the country of Thailand apply.
The customer agrees to indemnify and hold harmless OPEN Design Studio from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email email@example.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material on all accounts include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, file dump, mirror, or banner-ad services (similar to RapidShare, Photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted, except for one cPanel backup of the same account.
OPEN Design Studio services, including all related equipment, networks, and network devices are provided only for authorized customer use. OPEN Design Studio systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of OPEN Design Studio system(s) constitutes consent to monitoring for these purposes.
- We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
- Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
- Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
- Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
- Your services will be terminated with or without notice.
- Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3. Zero tolerance spam policy
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
OPEN Design Studio reserves the right to require changes or disable as necessary any web site, account, database, or another component that does not comply with its established policies or to make any such modifications in an emergency at its sole discretion.
OPEN Design Studio reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee. This cost of the cleanup fee is entirely at the discretion of OPEN Design Studio.
4. Payment information
You agree to supply appropriate payment for the services received from OPEN Design Studio, in advance of the period during which such services are provided. You agree that until and unless you notify OPEN Design Studio of your desire to cancel any or all services received, those services will be billed regularly.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of OPEN Design Studio, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. OPEN Design Studio provides a 14 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact firstname.lastname@example.org
OPEN Design Studio reserves the right to change the monthly payment amount and any other charges at any time.
5. Backups and data loss
Your use of the service is at your sole risk. OPEN Design Studio is not responsible for files and/or 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 OPEN Design Studio servers.
6. Cancellations and refunds
OPEN Design Studio reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form. OPEN Design Studio gives you an unconditional 30-day money-back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
- Bank Transfer
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts after the initial 30 days will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7. Resource usage
User may not:
- Use 25% or more of system resources for longer than 90 seconds. Numerous activities 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 type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files regularly, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build-up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
9. Bandwidth usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
10. Money-back guarantee
On dedicated servers and colocation no full refund will be honored — the 30-day money-back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of OPEN Design Studio’s managed shared and reseller servers carry a 30-day unconditional money-back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
11. Uptime guarantee
If your shared / reseller server has a physical downtime that is not within the 99% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of OPEN Design Studio dependant upon justification provided. Third-party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact email@example.com with justification. All requests must be made in writing via email.
12. Price change
We reserve the right to change prices listed on openadvertising.asia, and the right to increase the number of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold OPEN Design Studio harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, asserted against OPEN Design Studio, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless OPEN Design Studio against liabilities arising out of;
- Any injury to person or property caused by any products sold or otherwise distributed in connection with OPEN Design Studio;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement and
- Any defective products sold to customers from OPEN Design Studio’s server.
By using any OPEN Design Studio services, you agree to submit to binding arbitration. If any disputes or claims arise against OPEN Design Studio or its parent company, such disputes will be handled by an arbitrator of OPEN Design Studio’s choice. An arbitrator will be selected in the province of Chonburi, Thailand. Arbitrators shall be attorneys and shall be selected according to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. You are also responsible for any and all costs related to such arbitration.
OPEN Design Studio shall not be responsible for any damages your business may suffer. OPEN Design Studio makes no warranties of any kind, expressed or implied for services we provide. OPEN Design Studio disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by OPEN Design Studio and its employees.
16. Disclosure to law enforcement
OPEN Design Studio may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
17. Changes to the terms of service
OPEN Design Studio reserves the right to revise its policies at any time without notice.