Over the Network and Discovery Bay Internet are sister organizations under the same management, providing web hosting and related services from parallel datacenters.
The use of services provided by Over The Network/Discovery Bay Internet constitutes agreement to these terms. You may view our Privacy Policy here.
Account Setup / 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 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 in nature and be denied.
Transfers
We will make every effort to help you move your site to Over The Network/Discovery Bay Internet; however, we make no guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. In some cases we may be unable to assist you in a transfer of data from an old host.
Content
All services provided by Over The Network/Discovery Bay Internet may only be used for lawful purposes. The laws of the State of California and the United States of America apply. The customer agrees to indemnify and hold harmless Over The Network/Discovery Bay Internet 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 abuse@overthenetwork.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 prohibited material on all hosting accounts and servers include: IRC Bots, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, 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 / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse@overthenetwork.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice, and your services will be terminated. 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 644 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.
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. Please read this for our generalized mail policy. 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. Over The Network/Discovery Bay Internet reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Over The Network/Discovery Bay Internet reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Over The Network/Discovery Bay Internet. If your actions have caused any IP addresses of any of Over The Network/Discovery Bay Internet’s servers to be placed on any blacklists or any other email filtering software systems, a $75 charge will be added to your account in addition to $75 per hour beyond the first hour for administrative charges incurred to remove and protect our servers and IP addresses from any blacklists or other email filtering software systems.
Payment Information
You agree to supply appropriate payment for the services received from Over The Network/Discovery Bay Internet, in advance of the time period during which such services are provided. You agree that until and unless you notify Over The Network/Discovery Bay Internet of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided in the client dashboard. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately. As a client of Over The Network/Discovery Bay Internet, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Over The Network/Discovery Bay Internet provides a 2 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 2 days and not paid will result in account suspension until the account balance has been paid in full. Invoices are assessed a late fee of 10% or $5, whichever is greater, when they become 14 days past due. Any account that is overdue for 30 days and has not paid will be automatically terminated. Invoices that have been paid more than once are automatically added as credit towards the account and will not be refunded. If you require assistance with this provision, please contact billing@overthenetwork.com. Over The Network/Discovery Bay Internet reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of the service is at your sole risk. Over The Network/Discovery Bay Internet 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 Over The Network/Discovery Bay Internet servers. While Over The Network/Discovery Bay Internet does maintain backups of your files and/or data we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 72 hours will be removed from the server automatically and we suggest downloading said backups to an off-server location. These backups are stored in our off-server backup system for up to 28 days should you need access to this backup after 72 hours.
Cancellations and Refunds
Cancellations must be submitted via our Billing and Support system at http://www.overthenetwork.com/support/. Cancellations requested via e-mail will not be honored and directions will be provided to submit a cancellation via our Billing and Support system. Dedicated server cancellations must be submitted at least 10 days prior to your renewal date. Over The Network/Discovery Bay Internet reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at Over The Network/Discovery Bay Internet’s discretion for accounts in good standing. 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 the cancellation form in your client dashboard. Over The Network/Discovery Bay Internet gives you an unconditional 30 day money back guarantee on any of our hosting plans. There are no refunds on domain name purchases. Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Violations of the Terms of Service will invalidate the refund policy.
Resource Usage
Users may not: a) Use 25% or more of system resources for longer then 120 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes without prior written approval. 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”)
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. You will be billed for bandwidth usage beyond your allocated amount. Unused transfer in one month cannot be carried over to the next month.
Money back Guarantee
All of Over The Network/Discovery Bay Internet’s hosting plans carry a 30 day unconditional money back guarantee. 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 hosting packages and does not apply to administrative fees, install fees for custom software, or domain name purchases. Any domain name registered for free has a value, but this will not be refunded.
Uptime Guarantee
If your shared host server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Over The Network/Discovery Bay Internet 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 of the server which may differ from the uptime reported by individual services. To request a credit, please contact billing@overthenetwork.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared, reseller, and semi-dedicated solutions.
Price Change
The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on overthenetwork.com, and the right to increase the amount of resources given to plans at any time.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Over The Network/Discovery Bay Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Over The Network/Discovery Bay Internet, 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 Over The Network/Discovery Bay Internet against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Over The Network/Discovery Bay Internet; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Over The Network/Discovery Bay Internet’s server.
Limited Liability
Under no circumstances, including negligence, shall Over The Network/Discovery Bay Internet, its offices, agents or any one else involved in creating, producing or distributing Over The Network/Discovery Bay Internet services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Over The Network/Discovery Bay Internet; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Over The Network/Discovery Bay Internet’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Over The Network/Discovery Bay Internet’s servers.
Arbitration
By using any Over The Network/Discovery Bay Internet services, you agree to binding arbitration. If any disputes or claims arise against Over The Network/Discovery Bay Internet or its subsidiaries, such disputes will be handled by an arbitrator of Over The Network/Discovery Bay Internet’s choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Disclaimer
Over The Network/Discovery Bay Internet shall not be responsible for any damages your business may suffer. Over The Network/Discovery Bay Internet makes no warranties of any kind, expressed or implied for services we provide. Over The Network/Discovery Bay Internet 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 Over The Network/Discovery Bay Internet and its employees.
Disclosure to law enforcement
Over The Network/Discovery Bay Internet 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.
Severability
If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Changes to the TOS
Over The Network/Discovery Bay Internet reserves the right to revise its policies at any time without notice.