Omega Flame Entertainment reserves the right to refuse, cancel, or suspend service at our sole discretion.
Omega Flame Entertainment shall be the sole arbiter of what is and is not a violation of these acceptable use policies.
Omega Flame Entertainment has the right to delete all content and files upon termination. Omega Flame Entertainment reserves the right to withhold any prepaid funds for any site removed for violations of these policies.
All orders are subject to acceptance by Omega Flame Entertainment.
The customer must be 18 years of age to obtain our service.
Failure to follow any term or condition will be grounds for immediate account deactivation.
Failure by either you or Omega Flame Entertainment to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.
If any part, term, or provision of this Agreement is determined to be invalid or unenforceable by a court, board, or tribunal of competent jurisdiction, such term or provision shall be construed in all respects as if such provision were written in a manner acceptable to said court, board, or tribunal, or, if such provision is found to be totally unacceptable to such court, board, or tribunal in any form, then as if such invalid provision were omitted altogether.
It is expressly understood that there are no oral agreements or understandings between you and Omega Flame Entertainment which will be deemed to extend, restrict, or otherwise supersede the exact terms of this agreement. If any provision of this Agreement fails to comply with applicable law, then this Agreement shall, without prior notice, be automatically modified to conform with the minimum requirements of any law or governmental regulation having application to or jurisdiction over the subject matter or the parties hereto. Otherwise, this Agreement, the Application Form, and any later written changes published via Omega Flame Entertainment service, constitutes the entire agreement
For customers who have purchased a quarterly or yearly plan or paid in advance and wish to cancel before the end of the plan, we will refund the balance, however you will be charged the full monthly rate for services provided.
Omega Flame Entertainment currently accepts credit cards (Visa, MasterCard, American Express, Discover). Omega Flame Entertainment also accepts personal/business checks, money orders, or International money orders in US currency, drawn from a US Bank.
All fees are payable in advance for the upcoming month (unless prepaid) on a anniversary date billing cycle. Although you may cancel your service at any time, you remain responsible for any outstanding moneys due and payable at the time of cancellation. You are responsible for notifying us when you wish to cancel your service. You may email billing@ omegaflameentertainment.net.
Credit cards are charged
automatically on the anniversary date of the payment period, unless we
receive instructions indicating otherwise. You will only be refunded
for unused services if you have prepaid for more than 1 month.
All prices are US dollars.
Sales and use taxes and all other applicable taxes
which are applicable to the provision of services shall be incurred by
Customer regardless of whom the taxes are or were imposed upon.
It is the sole responsibility of the customer to
insure their payment information is maintained current and available
for payment of incurred fees. If you default, you agree to pay Omega
Flame Entertainment its reasonable expenses, including attorney and
collection-agency fees, incurred in enforcing its rights under these
Terms and Conditions.
Omega Flame Entertainment offers a 30 day money back guarantee on new web hosting accounts. This does not apply to resold accounts. If not satisfied with our web hosting within the first 30 days of your account setup, you will be given a full refund of the services amount (excluding setup fees) You must notify us within the first 30 days following activation. No refund is available after the 30th day. Email billing@ omegaflameentertainment.net.
Refunds will be issued in the
same manner that payment was made. If you paid by check, we reserve
the right to wait 30 days (for your check to clear) before issuing a
refund check. This guarantee does not apply to additional services
such as chat rooms, Email accounts etc.
Accounts that are past due in payment of balances
due will be given 7 days notice (via email to the address we have on
file - it is CUSTOMERS RESPONSIBILITY TO UPDATE THEIR EMAIL ADDRESSES
IN THE CONTROL PANEL). If no response is received in that period, the
account may be temporarily deactivated, and a $10 reactivation fee
will apply to have the account reactivated. If after 14 days of
suspension, payment is still not received the account may be deleted,
including all stored email. Late payments may be subject to a $10 late
fee.
On any account where we have paid your domain
registration fee, if you should cancel your account before you have
paid us a total of $17.50, we reserve the right to charge you the
difference between $17.50 and the total you paid us. For example, if
you cancel your account with us in the second month, and have paid us
$14.95 total, you would owe us an additional $2.55 upon cancellation.
Any setup fees paid DO count toward the total you have paid to us.
Credits and free month(s) of hosting do not have a
cash value, and as such, are not refundable.
Setup fees are nonrefundable.
If your check is
returned to Omega Flame Entertainment unpaid, you agree to pay a
returned check charge of $25.00.
If we must deal with a credit card charge back on
your account, you will be charged a $50 administrative fee for our
time in dealing with this. Should your account be turned over to a
collection agency, you are responsible for collection and legal fees.
If you default, you agree to pay Omega Flame Entertainment reasonable collection expenses, including attorney and collection agency fees.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Omega Flame Entertainment in writing for a request for cancellation of services.
Omega Flame Entertainment reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by Omega Flame Entertainment if Omega Flame Entertainment institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Phone requests will not
constitute acceptance of any cancellation.
Written notification of cancellation must be
received at least five days prior to your cycle date, with the cycle
date being the day of the month you sign up, in order to avoid charges
in full for the next cycle.
4) CONTENT
Omega Flame Entertainment's mailing list services are provided for use as discussion forums only, and may not be used to distribute unsolicited email. All users on a list must have personally subscribed to that list.
Any customer repeatedly "mailbombed" or that attracts such behavior will be asked to leave.
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. If you are found to have spammed, then we will immediately, without warning, disable your domain. As such, Violation will result in immediate termination of all services without refund. Fines and legal action may be imposed. Omega Flame Entertainment will be the sole arbiter as to what constitutes a violation of this provision. A user shall not use another site's mail server to relay mail without the express permission of the site.
We consider spam, without
limitation, to be any of the following:
any mass unsolicited message in the mediums of
Newsgroups and Email. (sending unsolicited advertising to those with
which the customer has no existing business relationship
posting off-topic advertising in newsgroups
Posting the same or similar message to one or more
news groups (excessive cross-posting or multiple-posting)
passive spamming
(promoting a web site hosted by Omega Flame Entertainment by spamming
from some other source)
trolling (posting controversial messages in
newsgroups to generate responses)
A message is considered unsolicited if it is posted
in violation of a newsgroup charter or sent to a recipient who has not
requested the message. Making an email address available to the public
does not constitute a request to receive messages.
Distribution of mass emailing programs is also
prohibited.
The customer is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The customer is responsible for securing their username/password. The customer assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Omega Flame Entertainment's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the customer. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail customers to receive and send mail, etc. The customer agrees that he or she has the necessary knowledge to create and maintain their web space. customer agrees that it is not the responsibility of Omega Flame Entertainment to provide this knowledge or support outside matter specific to Omega Flame Entertainment's servers.
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the customers’ responsibility to maintain local copies of their web content and any information. If loss of data occurs due to an error of Omega Flame Entertainment, Omega Flame Entertainment will attempt to recover the date for no charge to the customer. If data loss occurs due to negligence of customer in securing their account or by an action of the customer, Omega Flame Entertainment will attempt to recover the data from the most recent archive for a $100.00 fee.
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. Omega Flame Entertainment makes absolutely no warranties whatsoever, express or implied, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.
Omega Flame Entertainment shall not be responsible for any claimed damages, including incidental and consequential damages, including lost profits which may arise from Omega Flame Entertainment’s servers going off-line or being unavailable for any reason whatsoever. Further, Omega Flame Entertainment shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Omega Flame Entertainment’s servers. IN THE EVENT Omega Flame Entertainment IS FOUND LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL Omega Flame Entertainment BE LIABLE FOR AN AMOUNT IN EXCESS OF THE AMOUNTS PAID TO Omega Flame Entertainment UNDER THIS AGREEMENT.
Customer 's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of Omega Flame Entertainment which consent shall not be unreasonably refused.
Customer will take all necessary measures to preclude Omega Flame Entertainment from being made a party to any lawsuit or claim regarding Omega Flame Entertainment services provided to any customer or end user. Customer hereby agrees to indemnify and hold harmless Omega Flame Entertainment from any and all claims of whatever nature, expenses, demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Omega Flame Entertainment, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns.
Notwithstanding that you, your web site or your server may reside outside the State of Texas, including outside of the United States of America, you agree that this Agreement shall be governed by the laws of the State of Texas
You and Omega Flame Entertainment agree that the law of the State of Texas, USA will apply to all matters relating to this Agreement and to Omega Flame Entertainment services. In addition, you and Omega Flame Entertainment agree and consent that the courts of Texas, will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.
Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given: upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, 5 days after the date of mailing.