Acceptable Use Policy and Terms of Service agreement.
Originally posted and effective date: February, 1994.
Amended 11/22/1998, 5/1/2003, 9/7/2011.
This Terms of Service agreement is hereby specifically incorporated by acclaimation, and/or by reference into any and all existing agreements or contracts between OHIORAMP and the users of its service, whether auhorized, contracted, or otherwise. This TOS specifically restricts the rights and recourses of a user, and is binding on all parties who use, or attempt to use the OHIORAMP network or any of its services.
PREAMBLE: Ohio Statewide Systems operates an Internet Service Provider (ISP). The ISP provides many technological services, such as web site desgn, web site hosting, domain name registration, domain name hosting, domain management and privacy services, email transmission and ancillary email services, Internet access by various methods (dialup, dedicated line, wireless or non-wireline, and other technologies.) and other services deemed necessary to providing our services.
AUP: Acceptable Use Policy. Statement defining traffic, behavior, activity, or patterns therof which will or will not be permitted on the service or connection. Most ISP's have an AUP.
ISP: Internet Service Provider. A company providing services to end users and clients who wish to access or host websites on the World Wide Web.
Rights: Copyrights, trademarks, and other intellectual and proprietary rights. Or, the ability if the ISP to require or to enforce provisions of this agreement.
Public Areas: Areas on OHIORAMP that are freely open to all users, which may or may not require a password or registration, including, but not limited to, public chat rooms, online forums, message boards, and software libraries.
SLA: Service Level Agreement. Refers to a set of service metrics which will govern, define and classify the type of service delivered for use in determining whether the service has been delivered in a commercially acceptable manner. Most ISP's will offer an SLA on specific, contracted services.
TOS: Terms of Service. The statement of terms under which service is used, provided, or delivered, which apply to all uses and users of the service, regardless of entity or type. Most ISP's have a TOS.
MRC: Monthly Recurring Charges. The base monthly fee for services, exclusive of any taxes.
NRC: Non-Recurring Charge. A one-time charge, typically for installation, website design, or a non-monthly service.
We, Our, Us, OHIORAMP, OHIORAMP.COM, (and in some cases, "the ISP"): All refer to the same entity, the service provider known as OHIORAMP, which is a wholly owned subsidiary of Ohio Statewide Systems, LLC. This term also includes any web sites, domain names, servers, equipment, or resorces owned or used by the ISP.
You, your, client, customer, user, registrant, account holder, subscriber, authorized user: All refer to the party bound by this agreement by making any use or attempted use of OHIORAMP facilities, services, equipment, hardware, software, or functions.
TERMS OF SERVICE AGREEMENT (TOS, a.k.a. AUP, and RULES OF USE)
a. SUPREMACY OF TOS. OHIORAMP provides its services to you as a registered subscriber or authorized user subject to the terms of this agreement. Even if you are not an authorized user, any use or attempted use of any OHIORAMP function or service renders you subject to and bound by this TOA and AUP. If you have entered into an agreement with OHIORAMP, this TOS and AUP is incorporated by reference, and is part of your agreement.
This is a binding agreement which is incorporated into any OHIORAMP quote, bid proposal, service, offering, product, Acceptable Use Policy Statment and Terms of Service Agreement. Regardless of any apparent contrary statement or document in whatever form, this TOS is applicable and governs your relationship with OHIORAMP.
Only the actual original TOS on file at the business office of OHIORAMP is effective. While the TOS is typically available at http://www.ohioramp.com, due to internet caching no guarantee can be made that you are accessing the latest copy in the correct format and language, therefore, only the original TOS in its original language on file at the business office of OHIORAMP shall be effective, and any other version, however or whenever obtained, as hereby superceded by the current version. The entire TOS is effective as of the date it is filed in OHIORAMP's business office, regardless of when it is accessed or made available by any other means, including the website of OHIORAMP.
Additionally, you may be subject to additional terms and conditions that may apply when you use third-party content, software, or services, or when you use or attempt to use the OHIORAMP network to access the Internet or any thing or service connected thereto. OHIORAMP has no control, responsibility, or liability with respect to such third party content, things or services, therefore, you are automatically additionally bound by any terms of such third party, and you agree to indemnify and hold harmless OHIORAMP and all it's staff, personnel, employees, owners, successors, and assigns, if any third party takes any action against you or OHIORAMP in connection with their own services.
OHIORAMP may alter this agreement (or our policies, or the TOS) at any time, and such change shall take effect immediately upon such change being adopted. The most recent change shall be posted at the top of the original TOS (and shall typically be denoted as the "Effective Date" as posted on OHIORAMP's website). You agree to review the TOS periodically to be aware of any such changes. If any change is unacceptable to you, you may terminate your subscription by providing written notice to Ohioramp's business office within thirty (30) days of the "Effective Date" as posted at the top of the TOS, provided your account is in good standing and you comply with all other TOS, AUP and Rules of Use as specified below. Your continued use of OHIORAMP following the Effective Date of any such change to the TOS constitutes acceptance of all such changes.
You may request a hardcopy of this agreement by writing to us at 13500 Pearl Road, Suite #139-300, Cleveland, OH 44136.
If you are not an authorized user with an OHIORAMP account, but are simply arriving at the OHIORAMP webpage or attempting to access an OHIORAMP server or user or email, your activity is also governed by this TOS and any violation of the TOS may subject you to be civil or criminal suit for damages if your actions are disruptive, illegal, or violate any part of this TOS or any third party TOS or AUP to which your use may be subject.
2) ACCOUNT INFORMATION
a. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD, or have reached the age of legal majority for the nation in which you reside. Otherwise, you must designate a legal guardian and be able to demonstrate proof of guardianship, and both you and that legal guardian shall be bound by this TOS. You agree to provide OHIORAMP with complete, accurate, and current information regarding your name, billing address, and other necessary registration and/or contact information. Failure to do so shall constitute your breach of this agreement.
b. By registering, you will receive an account, and may receive a User ID and / or password selected by you that is not in violation of a third partyís property rights or that OHIORAMP deems offensive or otherwise inappropriate. OHIORAMP owns all User ID names and licenses them to you for your use while you are an authorized user with a valid OHIORAMP account in good standing. If your account is a dedicated connection, domain name, website or email service, additional information or actions may be necessary for OHIORAMP to issue your account.
Your account may have several components:
Access: The method by which you connect to the OHIORAMP service.
Email: email account(s) for you which end in "@ohioramp.com"
Other: Hosting, Web Design, Domain Names, or any other computer services, function, or product offered by OHIORAMP.
Other items not part of your account:
Demarcation (Demarc, Extended Demarc Point) Transport, Backhaul, VPN, Managed services, Inside wiring, Router, CSU/DSU: these are not part of your account or OHIORAMP service, as they are not necessary for OHIORAMP to provide service, but may be required by your special situation. OHIORAMP can arrange to have these services provided and billed to your account if they are needed, but accepts no liability or responsibility as they are third party items or services and are not part of your account with OHIORAMP. Likewise, such basic things as electricity or a computer may also be required for you to fully enjoy or benefit from access to OHIORAMP's service offerings, and OHIORAMP does have recommended minimal system requirements, but, the user is solely responsible for any additional thing, service, item or accommodation that the user deems necessary, as such other optional services which you may desire are not requirements of, nor provided by reason of having an account with, OHIORAMP.
You may not use your account in violation of the TOS or in ways OHIORAMP deems inappropriate (e.g., sending or causing to be sent mass e-mail solicitations, a.k.a "spam"). OHIORAMP reserves the right to refuse requests for any such User ID.
c. You are entirely liable for all activities conducted through your account. You may not permit another individual to use your account without direct supervision by you. You may permit another individual, including a minor, to use the account subject to the following limitations: you must agree to (1) supervise the other individuals use of the account, (2) assume any and all resulting liabilities of such use, including responsibility for any and all content accessed, (3) hold OHIORAMP harmless for any such use of OHIORAMP for a person other than you, and (4) acknowledge that the decision to allow another individual to use the account is made by you and not OHIORAMP. Because OHIORAMP may send important notices about your account or services to the account holder, you agree to check your accountís e-mail regularly and bear the risk of failing to do so.
d. Persons who have had their OHIORAMP subscription terminated may not access the service without OHIORAMP's expressed written permission, to be obtained prior to such access or attempted access. You may not allow a former OHIORAMP account holder or other agent, person or entity whose account has been closed or terminated, to use your account.
e. Your account and your User ID are unique on the OHIORAMP system. Attempts to use concurrent multiple instances of the the same account or User ID are not permitted. Attempts to use an account or User ID from a location that is not authorized in your OHIORAMP user account profile (as determined by IP address or MAC address) may be restricted or disallowed (i.e. roaming dialup access is permitted, but only if the the home account is not already accessing the service.) The use of auto-ping or similar automated activity designed to simulate individual personal usage is prohibited. (Dedicated Access connections are excluced from the auto-ping restriction.)
f. You may access your OHIORAMP email or website from literally anywhere there is Internet access by logging in to OHIORAMP's built -in webmail access programs. However, OHIORAMP is not responsible for the configuration of the third party service that you may be using to access the webmail, and thus, cannot assure the operation or performance of such third party systems. Furthermore, such third party networks (unsecured systems, Internet Cafes, public wi-fi terminals, etc.) may impose fees or restrictions that are not the responsibility of OHIORAMP. The choice, security risk, and expense of using such third party systems is solely the responsibility of the user.
3) CHARGES AND BILLING PRACTICES
a. You may obtain current rates and charges for using OHIORAMP by contacting our business office. While each account is unique, Ohioramp provides a summary of typical services and billing practices via our website. Such rates are for OHIORAMP service only, and do not include products or services from the local ILEC, CLEC, telco or carrier access / transport company, or any third party, no do they include any taxes (sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services) which may be billed to your account. You are responsible for any such taxes, fees, or charges.
b. If you have elected to pay for OHIORAMP by credit card or electronic funds transfer and OHIORAMP does not receive payment from the card issuer or its agents or your bank, you agree to pay all amounts due upon demand by OHIORAMP. Each time you access OHIORAMP you agree and reaffirm that OHIORAMP is authorized to charge your designated card or withdraw funds via electronic funds transfer from your checking account, whichever situation applies. Anytime a charge, payment, or transfer is denied, you will be billed a $35 non-payment fee, via U.S. MAIL and an additional $10 "re-invoice by mail fee" will be applied, including late charges and any outsanding sum then due and patable. Your bank or card issuer agreement governs YOUR use of your designated form of payment, but does not limit or restrict OHIORAMP's necessary actions or processes in the normal course of billing and collecting on an account, and you must refer to that agreement and not this document with respect to your rights and liabilities as a cardholder. You agree that OHIORAMP may, at its option, accumulate charges incurred during your billing cycle and submit them as one or more aggregate charges during or at the end of each cycle for electronic funds transfer from your checking account or credit card as applicable. This means that accumulated charges may appear on the statement you receive from your bank or card issuer, or that charges on an invoive may be for the current month, but may also be for any prior month, or for the next upcoming month. Further, you agree that OHIORAMP may delay obtaining authorization from your card issuer until submission of the accumulated charges. You acknowledge that if you want to see the components of accumulated charges you may do so by simply requesting such information from our business office.
c. If OHIORAMP does not receive the full amount of your account balance on or prior to the invoice date, access to your OHIORAMP account may be suspended or terminated, and any personal information or data stored on OHIORAMP equipment (Web Pages, etc.) will be unavailable for access via the Internet, and may be deleted/erased. If OHIORAMP does not receive the full amount of your account balance within thirty (30) days of the invoice date, an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month late charge may be added to your bill and immediately become due and payable, further use of your account or access will be restricted or eliminated, any credits or bonuses on your account will be cancelled and forfeited (including any rewards for our "Sign on a friend" residential access plan), and all data in personal storage areas on OHIORAMP equipment may be deleted/erased. You shall be liable for all attorney and collection fees arising from OHIORAMPís efforts to collect any unpaid balance of your account(s). You agree to be billed for and to pay any outstanding balance in the event of cancellation or termination of your OHIORAMP account. Unless you notify OHIORAMP of any discrepancies within thirty (30) days after they first appear on your account statement, you will deem them acceptable for all purposes, including resolution of inquiries made by your card issuer. You release OHIORAMP from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to OHIORAMP within thirty (30) days of its publication, discovery, or the date a reasonable user or agent acting in a reasobnable and non-negligent manner would or should have been able to determine or discover the disputed item.
d. OHIORAMP reserves the right, at any time, to change its fees, billing practices, service offerings, and / or include the addition of supplemental fees, or separate charges for activity, access, content, or service that is over and above your existing account priviledges. OHIORAMP also reserves the right to provide you with notice of charges by E-mail, U.S. Mail, or electronic posting (or debiting) to the account you provided to OHIORAMP. If any such change is unacceptable to you, you may terminate your subscription as provided below. Your continued use of OHIORAMP following the effective date shall constitute your acceptance of such change. Your subscription fees are payable in advance and are not refundable in whole or part.
e. You are responsible for all charges associated with connecting to OHIORAMP. You agree that ANY charges incurred by you from any telephone company or telecommunications carrier are your responsibility. Your location may not be able to access OHIORAMP via a "local" call, and may be subject to long distance charges or other charges. You are solely responsible for checking with your local telephone company to determine whether any specific access number is a local call. Such charges may apply even if you are using "free" promotional, or "trial" hours or have selected a different access plan. You are responsible for all activities and charges under your account(s), including any unauthorized charges to your account. You acknowledge that if you want to see the detailed components of accumulated charges, you may do so by simply requesting such information at our business office.
4) RIGHTS AND RESPONSIBILITIES
a. CONTENT. You acknowledge that: i. OHIORAMP may contain information, communications, software, photos, video, graphics, music, sounds, and other material and services (collectively "Content"); ii. Such Content is provided under license by other parties, Subscribers, OHIORAMP and its affiliates; and iii. At minimum, OHIORAMP owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You and any user of your account must evaluate, and bear the risk associated with any reliance on the accuracy, completeness or usefulness of any Content. OHIORAMP does not pre-screen Content as a matter of policy: however OHIORAMP or its affiliates, shall have the right, but not the responsibility, to remove Content that they deem harmful, offensive or otherwise in violation of the TOS. Accordingly, you acknowledge that neither OHIORAMP its affiliates, nor any provider of such content shall assume or have any liability for any action or inaction by OHIORAMP or its affiliates, with respect to Content on, or Content changes within, OHIORAMP.
b. PROPRIETARY RIGHTS. You acknowledge the following: i. OHIORAMP permits access to Content that is protected by copyrights, trademarks, and other intellectual and proprietary rights ("Rights"); ii. These Rights are valid and protected in all media and technologies existing now or later developed; and iii. Except as explicitly provided otherwise, the TOS, applicable copyright and other laws govern your use of Content (see the Rules details). You agree that you may upload or transmit on or through OHIORAMP only Content that (1) is not subject to any Rights, or (2) any holder of Rights has given express authorization for distribution on OHIORAMP. You represent that if you upload any files, you have the legal authorization to do so. You agree that OHIORAMP may employ virus-checking technology to protect its system and its users from viruses. You agree that OHIORAMP may employ any technology it deems necessary to secure and protect the integrity of its network. By submitting Content to any "public area" of OHIORAMP, you grant OHIORAMP and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such Rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any authorized user to access, display, view, store and reproduce the Content for personal use. Subject to the foregoing, the owner of Content placed on OHIORAMP retains any and all Rights that may exist in such Content.
c. CONDUCT AND COMMUNICATION You acknowledge that OHIORAMP, or websites or servers you may access via your internet connection, may contain material that may be inappropriate for minors. Parental Control tools are available that enable the account holder to restrict or allow access to certain OHIORAMP and Internet areas and features, but makes no warranties with respect to such tools. This is an additional service and may require a monthly fee. You also recognize that communication over OHIORAMP often occurs in real time or is posted on one of thousands of newsgroups or libraries. You acknowledge that OHIORAMP cannot, and does not intend to, screen communication in advance for accuracy or conformance to the TOS or any laws. However, OHIORAMP may elect, at its sole discretion, to monitor some, all, or none of OHIORAMP's public areas or data transmissions for adherence to the TOS. Accordingly, you acknowledge that neither OHIORAMP, its affiliates, nor any content provider shall assume or have any liability for any action or inaction by OHIORAMP, its affiliates, or any content provider with respect to Content on OHIORAMP. Any conduct by a Subscriber that in OHIORAMP's sole discretion violates this TOS, or violates the TOS or AUP of any of OHIORAMP's affiliates, or restricts or inhibits any other user, person or entity from using or enjoying OHIORAMP or another service, shall entitle OHIORAMP to immediately suspend, reestrict, or terminate your account without notice. You agree to use OHIORAMP only for lawful purposes. You may not use, or allow others to use, your OHIORAMP account, either directly or indirectly, to: 1. post, transmit, or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable content; 2. harass, threaten, embarrass, or cause distress, unwanted attention or discomfort upon another user or user of OHIORAMP or other person or entity; 3. post, transmit, promote, link, or facilitate the distribution of sexually explicit or other content which is deemed by OHIORAMP or a third party complainant to be offensive; 4. disrupt the normal flow of dialogue in a chat room or on a message board, post derogatory, offensive, inappropriate or "off-topic" comments, including the prohibition of commercial advertising messages in forums that do not permit such messages, or otherwise act in a manner that negatively affects other users, individuals or entities, such as causing the screen to "scroll" faster than other users are able to type to it or any action to a similar disruptive effect; 5. impersonate any person or entity, including, but not limited to, an official, affiliate, content provider, forum leader, guide or host, or employee of OHIORAMP or any other entity you do not actually represent, communicate under a false name or a name that you are not entitled or authorized to use, or impersonate a minor, or impersonate an adult if a minor; 6. post or transmit, or cause to be posted or transmitted, chain letters or pyramid schemes; 7. post or transmit, or cause to be posted or transmitted, any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities, except in those areas that are expressly designated for such a purpose (e.g., the classified ad areas), or collect or harvest User IDís of other users, without permission; 8. post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, private, personal, or financial information from any user; 9. violate any operating rule, policy or guideline of any other interactive service, including, but not limited to, intentionally or unintentionally violating any applicable local, state, national, international or foreign law, including, but not limited to, any rules or regulations having the force of law. OHIORAMP reserves the right to protect its users and OHIORAMP from electronic attacks, offensive e-mail communication, including, but not limited to, the right to block mass e-mail solicitations, or "junk e-mail" or "Spam." You also agree and accept that as new products become available on or through OHIORAMP, your use of these products is subject to TOS. Furthermore, other such networks and Internet areas may subject you to their own usage policies.
d. You agree to allow OHIORAMP reasonable physical access to equipment and spaces necessary to provide the service, and to allow OHIORAMP to remotely monitor such equipment in the interest of maintaining service quality and network security.
b. SUBSCRIBER IDENTITY AND BILLING INFORMATION. i. Collection and Storage. We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of subscription, and payment information. We may also keep information on your communications with our Customer Service and general account history, such as accumulated usage or technical support requests or other communications relating to your account. We safeguard Individual Information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to User account information. We collect only the information necessary to carry out our functions, and we do not archive or store credit card, bank or financial information, although we do maintain access and email logs to verify account activity and comply with applicable laws. Employees who violate OHIORAMPís privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on OHIORAMPís behalf. ii. Use. We use identity and billing information to administer our business, ensure that you are properly billed and we may communicate with you to offer opportunities or services that may be of interest. iii. Disclosure. OHIORAMP does not make our account list available to outside companies. While we do occasionally post testimonials from client on our website, and provide a history of past or current clients to demonstrate our business success to potential new cliwents who ask for references, we have never released, sold, or publicized our client database. We do not release your telephone numbers, credit card numbers, or checking account numbers (or other Individual Information, such as navigational or transactional information or private communications content). Our policy is not to disclose identity information to third parties that would link your User ID(s) with a users actual name, unless required to do so by law or legal process served on OHIORAMP. OHIORAMP, at its sole discretion, reserves the right to make exceptions to this policy in extraordinary circumstances (such as an emergency, or instances of suspected illegal activity) on a case-by-case basis. OHIORAMP intends to abide by applicable laws governing the disclosure to governmental entities of Individual Information and other records. If we are under a legal obligation to disclose Individual Information to a private citizen or entity, we may make efforts under the circumstances to notify the affected user(s) in advance of releasing it in order to provide you an opportunity to pursue any available legal protections.
c. NAVIGATIONAL AND TRANSACTIONAL INFORMATION. i. Collection. We may collect and store certain navigational and transactional information, such as data on the choices you make from the range of available services and the times and ways you use OHIORAMP and the Internet. ii. Use. OHIORAMP may use navigational and transactional information to personalize the service and for programming and editorial research. For example, we use this information to understand our user reactions to menu items, Content and services offered, and to customize OHIORAMP based on our user interests. iii. Disclosure. OHIORAMP will not disclose to third parties navigational or transactional information (e.g., where you go or what you do on or through OHIORAMP), except to comply with applicable law or valid legal process (e.g., search warrant or court order).
d. PRIVATE COMMUNICATIONS i. Collection and Storage. The OHIORAMP computer system does not record or retain any chat room communications, private message communications, oral online communications or records of with whom you communicate in chat rooms or through private messages or oral online communications. To keep copies of any communications, you should store them on your personal computer hard drive or in print form. You agree that OHIORAMP may employ e-mail virus-checking technology to protect its system and its subscribers from viruses. ii. Use. OHIORAMP treats private communications on or through OHIORAMP as strictly confidential. OHIORAMP does not access, use or disclose the contents of private communications, except in limited circumstances as specifically provided below. You acknowledge that private communications directed at a person or entity, including OHIORAMP itself, may be used or disclosed by the intended recipient(s) without restrictions relating to privacy or confidentiality. iii. Disclosure. OHIORAMP does not access or disclose the contents of private communications (e.g., e-mail, private messages, user-created private rooms, oral online communications), unless it in good faith believes that such action is necessary (1) to comply with applicable law or valid legal process (e.g., search warrant or court order); (2) to protect the rights or property of OHIORAMP; or (3) in emergencies when OHIORAMP believes that physical safety is at risk. OHIORAMP reserves the right to treat as public any private chat room whose directory or room name is published or becomes generally known or available. OHIORAMP reserves the right to access password protected web sites stored on its network for conformance to TOS.
6) INTERNATIONAL CONTENT AND THE INTERNET
a. INTERNET. OHIORAMP offers users access to the Internet. The Internet is not owned, operated, or managed by OHIORAMP.COM, Inc. or any of its affiliates. As an interconnected network that combines other computers or networks, the Internet is a constantly changing collection of other party's computers, data, or networks and OHIORAMP makes no warranty or guarantee as to those components that are not directly part of, or owned by, OHIORAMP. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, international and foreign laws and regulations. Neither OHIORAMP, nor it's staff, personnel, employees, owners, successors, and assigns, affiliates, content providers, nor telecommunications providers for OHIORAMP, shall be held responsible or liable, directly or indirectly, for any loss or damage caused, or alleged to have been caused, by your use of, or reliance on, any content, goods or services available through the Internet, or your inability to access the Internet or any portion of it. This paragraph's provisions shall apply with equal force even where OHIORAMP features or displays a link with any particular Web site.
b. As a user, authorized or not, you may also be subject to additional terms, rules, or AUP of any third party provider you use or attempt to juse. Accordingly, OHIORAMP and its affiliates specifically disclaim any responsibility or liability for any conduct, content, goods and services available on or through the Internet (including, without limitation, any part of the Web). OHIORAMP retains the right, but not the obligation, at its sole discretion and without prior notice or liability, to restrict and/or terminate a users access to the Internet via or to OHIORAMP if your use of the Internet, in OHIORAMPís sole discretion, violates any applicable law or regulation, results in investigations or prohibitions on your conduct in connection with the Internet, or otherwise inhibits any other user from enjoying the Internet or OHIORAMP. The foregoing does not limit the other rights available to OHIORAMP.COM under the Rules and this TOS.
c. Additionally, OHIORAMP retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to block or otherwise limit the distribution within OHIORAMP of mass e-mail solicitations or other Internet content.
a. SUBSCRIBER EXPRESSLY AGREES THAT THE USE OF OHIORAMP AND THE INTERNET ARE AT SUBSCRIBERS SOLE RISK. OHIORAMP SERVICES AND CONTENT, AND THE INTERNET AND ANY ACCESS THERETO, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR INDIVIDUAL, PERSONAL, ATTENDED USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. OHIORAMP PROVIDES THE OHIORAMP SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. OHIORAMP'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF OHIORAMP, SOFTWARE OR SERVICES PROVIDED BY OHIORAMP, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY SOFTWARE PROVIDED BY OHIORAMP FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OHIORAMP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. OHIORAMP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH OHIORAMP, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
b. OHIORAMP SERVICE IS BASED ON ACCOUNT ACTIVATION, AND ONCE YOUR ACCOUNT IS PROVISIONED AND ACTIVATED, IT IS READY FOR YOUR USE, WHETHER YOU USE IT OR NOT. OHIORAMP DOES NOT AUTOMATICALLY DISCOUNT OR DEACTIVATE SERVICE IF YOU FAIL TO USE IT. OHIORAMP DOES NOT OFFER AND IS NOT OBLIGATED TO PROVIDE REFUNDS OF ANY KIND, AND ANY USER WITH AN ACCOUNT WHO FAILS TO USE THE SERVICE OR FAILS TO CANCEL MAY NOT REQUEST ANY REFUND FOR PRIOR TIME OR SERVICES, AS OHIORAMP MAINTAINED AN ACTIVE ACCOUNT FOR THE USER REGARDLESS OF HOW MUCH IT WAS OR WAS NOT USED, THEREFORE, OHIORAMP EXPRESSLY AND CATEGORICALLY DENIES ANY REQUEST FOR REFUND BASED ON "UNUSED" SERVICE TIME OR FAILING TO USE THE SERVICE OR FAILING TO CANCEL THE SERVICE WHEN IT IS NO LONGER DESIRED. OHIORAMP IS NOT REQUIRED TO ALLOW PRO-RATA RATES OR PARTIAL REFUNDS. OHIORAMP IS NOT REQUIRED TO ACCEPT PARTIAL PAYMENT AS SATISFACTION OF THE AMOUNT INVOICED FOR ANY SERVICE.
8) INDEMNIFICATION / DMCA
a. Subscriber agrees to defend, indemnify and hold harmless OHIORAMP, it's staff, personnel, employees, owners, successors, and assigns, its affiliated companies, contractors, officers, directors, telecommunications providers, and other related parties from all liabilities, claims and expenses, including attorneys fees, if any third party takes any action against you or OHIORAMP by reason of your use, attempted use, or association with, OHIORAMP or it's Internet connection.
b. Subscriber agrees that in the event a dispute arises between the user and OHIORAMP, it is hereby agreed that this TOS has supreme authority, and that the costs for arbitration or litigation for any attempt to litigate, redefine, arbitrate, change, interpret, or negotiate terms that differ from those actually contained in this TOS shall be borne solely by the user or client. The user or client shall also indemnify and hold harmless OHIORAMP from any such court costs, legal fees, or arbitration fees. Any dispute submitted to an arbitrator shall be referred to an arbitrator who, in the sole view of OHIORAMP's Chief Technical Officer, posesses sufficient technical knowledge to decide the issue under arbitration in accordance with the generally accepted United States Arbitration and Mediation Rules of Arbitration. This TOS agreement, and any contract, invoice, statement, bill, or notice referenced herein or which incoporates this TOS, shall be defined as having nexus in the state of Ohio, USA, and any legal act involving this TOS or OHIORAMP service shall be conducted within the boundaries of, and under the applicable laws of, that state and nation.
c. The Digital Millenium Copyright Act specifies the process and responsibilities of a user and an ISP with respect to the storage, use or transmission of copyrighted material. Under the Safe Harbor provisions of DCMA Title II, the Online Copyright Infringement Liability Limitation Act, OHIORAMP accepts no responsibility for such material that temporarily traverses its network, but may take action to remove or delete such content if a valid complaint of infringing content can be proven to reside on an OHIORAMP server. In such a case, OHIORAMP shall have no liability to the user or client if such content is deleted. Interested parties may address any concerns in writing via U.S. Mail to the business address of OHIORAMP.COM at our business mailing address, and indicate on your correspondence, ATTN: DCMA Compliance Officer, OHIORAMP.COM.
d. OHIORAMP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber hereunder. In such event, Subscriber shall have no further obligation to provide indemnification for such matter.
9) TERMINATION / CANCELLATION
a. OHIORAMP products and services are considered to be a subscription service which continues until cancelled, subject to the terms and conditions stated in this TOS document. If you have a specific term agreement that specifies an end or renewal date for your account, OHIORAMP may offer to allow you to continue an existing service, if it is available, at the then-current OHIORAMP price and terms.
b. OHIORAMP may terminate your account at any time if the user violates any Term of Service or Acceptable Use Policy of OHIORAMP or any of it's partner, affiliated, or successor companies. OHIORAMP may terminate your account at any time if the user or client fails to pay in a timely manner. In the event of termination by OHIORAMP for cause, or due to user violating the applicable terms of TOS, AUP or any applicable law, the user or client agrees to pay all outstanding sums upon receipt of the final invoice, and agrees to pay any late charges that may become due. In the event of termination due to a user violation of law, TOS, AUP, the user may be required to pay an additional termination fee, equal to 3 months MRC (monthly recurring costs) or any upstream carrier costs necessary to complete the termination and/or redeply the terminated service, whichever is greater. If a termination of services occurs for any reason, reconnection to the OHIORAMP system (or reactivation of your account) will require a new agreement and payment of new installation and connection fees. OHIORAMP may also terminate your account or service in the event of unusual circumstances (force majeure, act of God, war, strike, or inability to provide the requested service on a commercially suitable basis due to circumstances beyond OHIORAMP's control). In this instance, the service will be considered terminated, and no additional termination fee will be added, but all amounts due and payable up until that date of termination will be immediately due and payable in full, and the user agrees to pay all such outstanding amounts that exist as of the termination date, plus any late fees or collection charges (if levied) after that termination date.
c. The user/client may elect to cancel convenience any month-to-month service, subject to the cancellation rules stated herein, except for term contract accounts, described in (d) and (e), below. Electing to discontinue is your sole right and remedy with respect to any dissatisfaction with OHIORAMP, including, but not limited to, (1) any TOS term, policy or practice of OHIORAMP in operating the service, (2) Content available through OHIORAMP or change therein, or (3) any amount or type of fees, surcharges, billing methods, or change therein, and any such notice of election must be presented to OHIORAMP in writing with adequatre notice as outlined herein. You can, at any time, advise OHIORAMP of your election to terminate your subscription by delivering written notice to OHIORAMP's business office via mail to 13500 Pearl Road Suite #139-300, Cleveland, OH 44136. such notice must be received thirty (30) days prior to the expected date of the cancellation. However, the actual date service turn-off will occur depends upon the type of service you have, how it is billed (monthly, quarterly, prepaid, etc.) whether there is a contract in force, and whether other things (such as physical access) are available in a timely manner. Your termination will take effect either: (1) at the end of the current month, on an as soon as reasonably practical basis within our normal operations schedule for dialup, web hosting, and non-contract services, (2) within 30 days of the date written notice of termination for convenience is received by OHIORAMP, (3) at the end of the current month, if written notice was received prior to the first day of that month, (4) at the conclusion of your contract or on it's renewal date, if written notice of the customer's election of non renewal has been received 30 days prior to the renewal date. b. OHIORAMP bills most services MONTHLY. There are no advertised daily rates, pro-rata rates, or partial month prices in our billing schedule, thus, any cancellation received in a month will be noted, but any cancelled service will be billed through the last day of the calendar month in which it is cancelled. Any use of service during any part of the month constitutes activity within that calendar month, thus the entire month's fee is due and payable by the first of that month, and no partial payments or prorations are acceptable.
d. In the event that your account is terminated or canceled, either by you or by OHIORAMP, no refund of any prepaid or non-recurring fees (annual or monthly) will be granted, nor will they be credited to you or any other subscriber, nor converted to any other form of reimbursement. Subscribers whose account OHIORAMP has terminated may not access OHIORAMP without OHIORAMPís prior express written permission. Active OHIORAMP Subscribers may not allow former subscribers or others whose accounts have been terminated to use their accounts. Any delinquent or unpaid accounts or accounts with unresolved issues with any OHIORAMP departments must be concluded before you may re-register with OHIORAMP. Subscribers using multiple accounts without prior express written permission from OHIORAMP shall have their accounts terminated.
e. Prepaid accounts are, by definition, prepaid, and cannot be refunded. OHIORAMP's discounted prepaid rates are offered to allow for long range planning of our core network architecture, and to allow the consumer the convenience of uninterrupted account access for a specific term. Thus, prepaid agreements can be cancelled by the consumer for convenience (i.e. choosing a different ISP) but no refund of unused service will be issued. Cancellation of a prepaid or term account for convenience results in the loss of all discounts, the forfeiture of any prepaid sum, and the assessment of an additional cancellation fee (as specified in [f] below), all of which become due and payable on the date the consumer provides notice of cancellation to OHIORAMP. For those consumers wishing to avoid the possibility of such fees, a monthly payment option is available, but even the monthly rate does not allow pro-rata refunds (see 9b, above).
f. For contracted services (such as dedicated high speed access, allocated assigned IP's, and colocation) a written notice to OHIORAMP is required. The notice must be received by OHIORAMP thirty (30) days prior to the requested cancellation date. Upon receipt of the notice, OHIORAMP will acknowledge the request by responding to the client with a tentative turn-off date, along with a tentative final bill, due immediately upon receipt, for any and all outstanding sums for service already delivered, plus the final 30 days of service. Only after that invoice is paid will a confirmed turn-off date be issued (the advance notice is necessary because IP's and other resources that were provisioned from ICANN or other third parties must comply with their RFC's and Internet-wide procedures for an orderly turn-down).
Additionally, the customer will be charged a cancellation fee on their final invoice, if cancelling for reasons of "customer convenience" or personal choice, or if service is being terminated for cause due to violations of law, TOS, or AUP. The cancellation fee, if any, will be in addition to any sums due for regular monthly services rendered and will be calculated as follows:
For access services categorized, sold or billed as being less than 1.5 megabit per second, the cancellation fee is $200, plus any non-recurring installation fee that may have been waived based on the commitment.
For access services categorized, sold or billed as being 1.5 megabit per second or faster, the cancellation fee is a declining penalty amount, calculated based upon the length of time remaining in the contracted agreement, as follows:
-- If cancelling during the first third of a contract (i.e. first 4 months of a 12 month contract or first 8 months of a 24 month contract, etc.) the cancellation fee shall be the greater of either $500, or an amount equivalent to the sum of three months of the MRC (Monthly Recurring Charges).
-- If cancelling during the second third of a contract (i.e. selecting a cancel date that is after the 4th month but prior to the 9th month of a 12 month contract.) the cancellation fee shall be the greater of either $250, or an amount equivalent to the sum of two months of the MRC (Monthly Recurring Charges).
-- If cancelling during the last third of a contract (i.e. selecting a cancel date that is after the commencement of the 9th month of a 12 month contract) the cancellation fee shall be the greater of either $100, or 50% of the value of any non-recurring installation fee that had been waived by reason of the term selected. Note that if cancelling during the final month of a contract term, there is no cancellation fee nor penalty due, but the final expected turn-off date must be affirmatively scheduled by written notice received by OHIORAMP 30 days in advance.
These stated fees are the maximum that would be calculated. (NOTE: the penalty amount is in addition to any sums for MRC that are due and payable for services already rendered at the time cancellation is requested.) Any cancellation fee may be waived by OHIORAMP if, in OHIORAMP's sole determination, the service is rendered commercially unsuitable for a term commitment due to force majeure, war, strike, insurrection, act of God, or other non-temporary emergency situation. Any determination on whether to waive all or any part of a cancellation fee for these or any other reasons is based solely upon OHIORAMP's discretion, whose decision is final and binding. If a client's business closes or physically moves out of the suite and a new tenant moves in and assumes the bandwidth contract, or purchases substantially similar service from OHIORAMP, then OHIORAMP may, at its discretion, waive all or part of any cancellation fee, less any costs to redeploy or reinstall service to the new tenant in the same suite.
The customer is advised that cancelling for "customer convenience" or based on the wish or desire of the customer, is not automatic and requires the client to affirmatively initiate communication to schedule a selected, tentative cancellation date, pay any required sum, and receive an ackowledgement that the cancellation request has been received and scheduled. Alternatively, a termination for cause (for violating applicable laws, TOS, or AUP) can be initiated by OHIORAMP immediately upon discovery and without prior notice of any kind, as such action may be necessary to preserve the integrity and operation of OHIORAMP's network.
g. Upon the conclusion, termination, or cancellation of OHIORAMP service, the customer shall return any and all OHIORAMP provided equipment and IP addresses, in an orderly fashion, and allow OHIORAMP technicians access to remove any such items and/or reroute any wiring that may be necessary to assure the integrity of the OHIORAMP network.
10) LAW / MATERIAL ERROR
a. To the extent any conflict between this agreement and the Rules exists, this agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the ISP, and the remaining portions shall remain in full force and effect. As noted above, subscriber conduct may be subject to other local, state, and national laws.
b. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to OHIORAMP any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Be advised some laws currently prohibit the export of some software, and the responsibility for complying with such laws is solely that of the user.
c. This TOS agreement, and any contract, invoice, statement, bill, or notice referenced herein or which incoporates this TOS, shall be defined as having nexus in the state of Ohio, USA, and any legal act involving this TOS or OHIORAMP service shall be conducted within the boundaries of, and under the applicable laws of, that state and nation.
d. The user agrees that the Internet, the ISP services that interconnect it, and its associated regulations are a rapidly and continually evolving, mostly intangible, item. Likewise, this TOS is subject to revision or correction at any time, without prior notice. Any error of grammar, punctuation, or language is not considered to be a material error and does not invalidate the intent of the TOS to govern the relationship between the ISP and its users.
11) PRICING INFORMATION
Current rates for standard OHIORAMP products (web hosting, dialup access, etc.) may be obtained by calling our office, or by viewing our website. Pricing obtained over the web or through any third party is unconfirmed until an OHIORAMP representative accepts and confirms your order. Customized solutions such as web design or dedicated high speed connections are quoted based on the clients individual needs and circumstances. Custom quotations are not transferable and are limited to 30 days after which they expire and must requoted at new, current rates. OHIORAMP reserves the right to change fees, surcharges, access limitations, monthly fees or to institute new fees, or to pass on any third party charges incurred by the client, at any time, as provided for in the Terms of Service above.
12) DOMAIN NAME REGISTRATION and WEBHOSTING / EMAIL / DNS / CO-LO SERVICES
a. OHIORAMP does provide registration of domain names, as a Registration Services Provider under rules promulgated by ICANN, the top-level international authority for the World Wide Web's domain naming system. However, as each top level domain (TLD) is governed by separate entities with differing rules and policies, this TOS hereby incorporates by reference all applicable TLD and registrar rules, regulations, policies, and RFC's. The Registration Agreement for each TLD type (.com, .org, etc.) that is available thought OHIORAMP can be found posted as required, both on the home page of the TLD registrar and on OHIORAMP's website. The user is automatically bound by the applicable TLD's registration agreement upon applying for a domain name from OHIORAMP.
b. As a Domain Name Registration Provider, OHIORAMP provides many services when initially registering a domain name, when hosting ar running the DNS for that domain name, or when receiving an incoming transfer of an existing domain name. In such cases, OHIORAMP may become responsible for domain records and other administrative processes for the domain, and executes those responsibilities on behalf of the user or client. However, OHIORAMP has no duty to perform any service for domain registrants involving transactions to transfer their domain elsewhere, or registrants who fail to renew or pay for renewal in a timely fashion, or otherwise fail to comply with this TOS or the terms of the TLD registrar. Such domain registrants forfeit any right to recourse or technical support regarding the domain in question. Domain registrants will receive a password or authentication code or procedure at the time of registration. IT IS CRITICALLY IMPORTANT TO RETAIN AND SAFEGUARD THAT INFORMATION FOR THE DURATION OF TIME YOU WISH TO USE A DOMAIN NAME YOU HAVE REGISTERED, AS ONLY THE DOMAIN REGISTRANT MAY MAKE CHANGES TO THE OWNERSHIP OF A DOMAIN RECORD AND WITHOUT THAT INFORMATION YOU WILL BE CHARGED A RECOVERY FEE BY OHIORAMP AND/OR THE TLD TO REISSUE YOUR DOMAIN CREDENTIALS. Note that only the domain registrant owns the domain, and only the domain registrant can change the domain record, transfer the domain, or change the domain owner's contact information. OHIORAMP CANNOT PERFORM THOSE TASKS, HAS NO LEGAL REPONSIBILITY IN SUCH MATTERS, AND HAS NO DUTY TO ASSIST A DOMAIN OWNER WHO FAILS TO PROVIDE PROPER CREDENTIALS AND WILL NOT ASSIST ANY DOMAIN OWNER IN CONDUCTING CHANGES OR TRANSFERS AWAY. ONLY THE DOMAIN OWNER AND NEW REGISTRAR ARE INVOLVED IN SUCH A PROCESS AND OHIORAMP CANNOT AND WILL NOT BEAR ANY RESPONSIBILITY FOR PROVIDING SUPPORT OR ASSISTANCE IN SUCH CASES.
c. Since each domain is unique, and pricing from each TLD varies, potential domain registrants must contact OHIORAMP, who will quote a registration fee only after performing a search to determine if the selected name is available. Fee quotes expire immediately on delivery, as any other entity could register the same name at any time, and OHIORAMP cannot guarantee successful registration until an order has been received and confirmed by OHIORAMP. Any fee quoted by OHIORAMP for registration services shall not be collected until after the registration has been successfully processed.
d. There is no term contract for domain name services, except as provided for in the TLD registration agreement. Most names are registered for a period of one calendar year, but can be registered for up to ten years at any one time. The registrant has the option of selecting additional years (if available) or additional names (if available), and siginificantly large orders can apply to receive a bulk discount.
e. DNS records are a critical function of the Internet, and OHIORAMP takes care to provide proper DNS resolution for domains hosted by OHIORAMP. However, if your domain is registered with OHIORAMP, but is not hosted or "parked" on an OHIORAMP server, OHIORAMP is not responsible for your website (or any operation of it or its ancillary services, such as email, FTP, etc.) and accepts no responsibility for web, DNS, or email services unless such services are actually hosted on OHIORAMP severs.
f. OHIORAMP offers web hosting and web site design services, as well as HTML templates for the use of OHIORAMP clients. Due to the myriad of different packages available, such services are offered on a custom-quoted basis. Payment for monthly web hosting packages is expected prior to the beginning of the month of service, with discounts available for annual prepaid commitments. There are no cancellation fees for web site hosting, as all web hosting accounts are prepaid. Fees for website services are due prior to the commencement of the service period, and fees received are not eligible for refund. Website accounts generally have a tiered pricing structure, based on the amount of space or bandwidth traffic the website account requires. If a website exceeds the delineated space and traffic limits, the overage will be billed in the following month and that sum is due upon receipt. Payment for design, coding and development of HTML and Web sites is as follows: 50% downpayment required at commencement of engagement to perform the service, and 50% upon completion of the website, which is designated as the date the site is posted and "goes live" on the World Wide Web. WEB SITES MUST BE ACTUALLY HOSTED ON AN OHIORAMP SERVER TO RECEIVE FREE TECHNICAL SUPPORT. Any other type of web service or software may be able to operate over an OHIORAMP connection and may be eligible to receive technical assistance, but such technical assistance shall be billed at the currently applicable hourly rates for technical services. OHIORAMP policy and TOS prohibits any obscene, pornographic, or illegal website content (see item #4, Rights and Responsibilities, above) and OHIORAMP affiliates may have additional restrictions with which a website owner must comply. Any OHIORAMP web hosting client agrees to comply with such rules, laws, or policies, and agrees to indemnify and hold harmless OHIORAMP from any action arising out of the clients failue to abide by such rules, laws, or TOS.
g. EMAIL: Many ISP's have instituted countermeasures across the Internet in an attempt to reduce the flow of unsolicited commercial emails, (or, UCE, or "spam"). OHIORAMP also institutes prudent and reasonable countermeasures, but no solution is 100% perfect, and the types of UCE/Spam mail change frequently. Because emails must traverse so many different systems, it is important to understand the flow of email activity when diagnosing and isolating any problems that may occur. OHIORAMP is happy to offer free technical support for email accounts and domains that are actually hosted on the OHIORAMP system. EMAIL ACCOUNTS MUST BE ACTUALLY HOSTED ON AN OHIORAMP SERVER TO RECEIVE FREE TECHNICAL SUPPORT. Any other account or email software may be able to operate over an OHIORAMP connection, but OHIORAMP is not responsible for guaranteeing third party services. (third party services such as Yahoo, Hotmail, or Google are entirely independent of OHIORAMP and the user is solely responsible for thier own use of such services). OHIORAMP is not responsible for tracing or troubleshooting email issues if your email account is not on our server, and while the client's third party choice of vendor may work and we may be able to offer the client technical assistance upon request, such technical assistance shall be billed at the currently applicable hourly rates for technical services. Sending, or causing to be sent, or allowing your account to be used for transmission of, UCE or Spam will not be permitted, and your email access may be restricted or terminated if OHIORAMP determines your account has been involved in such activity.
h. Colocation: Clients may physically colocate a server in an OHIORAMP datacenter. Pricing depends on the servers size, electricity, and bandwidth/IP requirements. Colocation services are a custom service and must be quoted individually and require a term contract. Fees for colocation services are due prior to the commencement of the service period, and fees received are not eligible for refund. Cancellation fees for a colocation account are the greater of either $100, or the price of any regular installation fee (or portio therof) that was initially waived by reason of having selected a contract term. While OHIORAMP allows colocation clients to have both physical and virtual access to their colocated server, at all times while a colocated server is in OHIORAMP's datacenter, OHIORAMP maintains a security interest in the physical hardware, software, data, and intellectual property on or in a colocated server, until such time as the colocation account has been fully satisfied and any outstanding invoices have been paid in full. Colocation services are subject to a separete SLA which delineates the standards which govern the colocation service and its technical parameters, and is available upon request from OHIORAMP's business office.
13) NATURE OF AN INTERACTIVE, TECHNOLOGICALLY ADVANCED SERVICE.
The user understands that the Internet -- and the technology used by it and rules which govern it -- is in a nearly constant state of change. The user accepts this fact and agrees OHIORAMP, having no control over the Internet as a whole and being responsible only for providing your access to it or or hosting upon it, must sometimes make changes in products, service, pricing, procedures, rules, or equipment and software in order to remain reasonably enagaged as a member of the world wide Internet community. While this TOS states the official rules, flexibility is sometimes necessitated by the inherently flexible nature of the fast-evolving Internet itself. OHIORAMP does not attempt to implement every possible RFC or new policy, but any ISP must adhere to general standards in order to remain successfully interoperable with the vast majority of the interconnected World Wide Web. Where possible, OHIORAMP will endeavor to ensure that such changes are applied with minimal disruption. Whenever possible, OHIORAMP shall endeavor to maintain the stability and reliability of the service, but this does not mean there will never be any changes, as the nature of the Internet requires occasional upgrades in hardware, software, security, and processes to ensure that we remain a "best practices" ISP. This sometimes necessitates scheduled downtime to perform maintenance, and rare but possible unscheduled downtime when needed to address any emergency situations. And this TOS itself is subject to change, sometimes rapidly as the Internet (and the rules and laws governing it) evolve. The user or client therefore agrees that such operational flexibility is required as part of normal operating procedure of an ISP and does not consitute a reasonble cause for account cancellation if a term contract has been agreed to. However, if the changes are so significant that they represent a "force majeure," that cannot be adequately resolved by implementing typical ISP operating practices, then OHIORAMP, in keeping with it's mission of being a flexible ISP with a goal of providing service responsive to customer's needs, may choose to waive all or any part of this TOS, in its sole discretion, on a case-by-case, one-time-only basis.
THIS CONCLUDES THE OHIORAMP TOS DOCUMENT TEXT.
If this TOS document does not address your concern, you may direct additional questions to us at firstname.lastname@example.org. or by writing to us at our U.S. Mailing address, shown below.
Please note that these terms and policies are subject to change. Current terms and policies are on file in our business office. If you have further questions, you should submit them in writing via U.S. Mail to the following address:
Ohio Statewide Systems
13500 Pearl Road, Ste #139-300
Cleveland, Ohio 44136
OHIORAMP.COM, OHIORAMP.NET, and original text & images are copyright © 1998, © 2011 by Ohio Statewide Systems.
The OHIORAMP ® name and logo is © 1998, © 2008 by Ohio Statewide Systems.
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