October Hosting Terms & Conditions of Service Agreement
Provided by October Hosting, a service of October Industries [hereafter referred to as “October Industries”]
In order to use our services, you must agree to the following terms and conditions. Your use of our services constitutes your agreement with these terms, which must in all cases supersede all other terms express or implied. If at any time you no longer agree to these terms and conditions, you must immediately discontinue the use of our services. In the event that you have pre-paid for any future service, the remainder of the pro-rated pre-paid period may be refunded to you as described in our refund policy.
If any changes are made to our policies, they will be posted on the appropriate pages on our website, accessible at www.octoberhosting.com
You may view our Privacy Policy here.
1) 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 a valid, active contact email address which is not at the domain(s) you are signing up under. We require this so that we may be able to contact you in case there is an issue with the domain(s) you have ordered or host with us. 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. October Industries is not responsible for a lapsed registration due to outdated contact information being associated with the domain or with your account. If you need to verify or change this information, you can log in to the client area of our portal at any time to update your account information. In the event that you have difficulty updating your information you should contact our us via email, our contact page or phone a 1-888-313-1531. Providing false contact information of any kind may result in the termination of
your account or the inability to continue providing you with services. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Ownership
The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner and operator of the account.
Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. October Industries is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Domains
DOMAIN RENEWAL IS THE CLIENT’S RESPONSIBILITY.
TO AVOID LOSING DOMAINS, RENEW EARLY, RENEW OFTEN.
The rules and terms which govern domain registration are many and varied, and as of 2013 they are dictated variously by the United States government, the US Department of Commerce, ICANN, the registrars and upstream bulk registry providers and operators. Because of the long chain of entities involved, as well as frequent updates the rules and terms mandated by these entities, it is impossible for October Industries to provide a full and current list of regulations and terms pertaining to domain registration and ownership. If you have a specific question regarding a specific domain, contact us and we will attempt to provide an accurate answer.
A short list of standard applicable terms and core precepts are as follows:
- Neither you, the applicant, October Industries, or our upstream vendors legally “own” any domain in any specific sense. As of 2013, In the U.S.A, domain registration is granted as a privilege by the US government under the authority and jurisdiction of ICANN, the Internet Corporation for Assigned Names and Numbers.
- A legal entity may apply for registration of a domain in one-year increments for up to 20 years. This acts in the same fashion as a lease and in no way entitles the applicant to permanent retention of, or rights to, the domain.
- ICANN does not sell directly to consumers, instead, consumers must apply for a domain through an accredited “registrar”, which is an entity that has been authorized by ICANN to register, hold and operate domains on behalf of applicants. At the time of this writing, October Industries is not a direct ICANN accredited registrar. October Industries purchases and registers domains through a number of registrars who we use as upstream vendors. Many factors, including price, availability, technical features, country of origin and prior registration affect which registrar we will use for any particular domain.
- A trademark or servicemark registered with the US patent office does not entitle you to ownership or rights to a domain.
- A legal business name, registration, D/B/A, etc. does not entitle you to ownership or rights to a similar domain.
- It is your responsibility to keep your contact information records updated for each domain you have registered. An annual verification of this is required by ICANN and we or our upstream vendors may be required to contact you to verify the accuracy and concurrency of your records.
- CRITICALLY IMPORTANT: FOR EVERY YEAR THAT YOU WISH TO CONTINUE YOUR REGISTRATION OF A DOMAIN, IT IS YOUR FULL RESPONSIBILITY TO RENEW YOUR DOMAIN IN A TIMELY FASHION.
- In the event that you fail to renew a domain in time (it is important to note that renewal includes and requires making the appropriate payments before the domain reaches the expiration date), you should consider the domain permanently lost to you. At that point you cease to have any access or rights to the domain. October Industries will not be able to retain your domain for you under any circumstances and you agree to that October Industries will not be bound by any obligation, including assistance in retrieving your lost domain.
- Many domain vendors and upstream providers offer a small “redemption period” during which period it may be possible to redeem, renew or retrieve the domain before it is lost or sold to other interested parties or entities. The cost of retrieving the domain during this period is often exorbitantly expensive compared to the standard annual renewal fee. If your domain has expired and you wish to attempt to regain it for any reason, please contact our technical support immediately and we will do our best to assist you. The cost of our support assistance, if any, will be above and beyond the cost of the domain redemption/renewal.
- Upon expiring, domains are frequently taken by third parties who will register the expired domain and then attempt to sell the domain back to you. In some cases these entities will even back order your domain before it expires in the hopes of selling it to you or to another party, potentially including your competitors. In some cases, this kind of activity may be performed by the upstream registrar who held the domain on your behalf. This is a legal activity and there is nothing you or October Industries can do to prevent it from taking place.
- Under some circumstance, October Industries reserves the right to participate in such activities as described in the previous paragraph, though we will never do this to a client who’s account is in good standing and who is still utilizing or receiving active benefit from their domain. If a customer has willingly let their domain go, we reserve the right to retain, renew, register, reserve, sell or auction off the domain for our sole benefit. If a customer’s account is in arrears, we reserve the right to retain, renew, register, reserve, sell or auction off the domain in an attempt to recover the debts owed to October Industries. Generally, we will not allow a client who’s account is in arrears to transfer their domain away to another registrar, except by mutual agreement.
IN SHORT, WE STRONGLY ADVISE YOU TO NEVER RISK LOSING A DOMAIN BY FAILURE TO RENEW.
2) Content
All services provided by October Industries may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless October Industries 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. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email “info AT octoberhosting.com” with the information required. If the request is of a licensing issue, we may require further documentation.
Using any account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
Adult Content
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Examples of unacceptable material or services on all Dedicated servers include:
IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
October Industries services, including all related equipment, networks and network devices are provided only for authorized customer use. October Industries systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During
monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of October Industries system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. October Industries may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from us within 48 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 48 hours.
Sites hosted at on October Industries service(s), server(s)or equipment are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. October Industries is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we defer to the United States and local legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like October Industries and many of October Industries other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, October Industries should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under October Industries’ webhosting service(s).
If in doubt regarding the acceptability of your site or service, please contact us at “info AT octoberhosting.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 any form of child pornography, pornography or adult material, or linking to child pornography, pornography or adult material, will be suspended immediately without notice.
In such a case, your services will be terminated with or without notice.
Violations in breech of law will be reported to the appropriate law enforcement agency.
Further, October Industries is a family owned and operated company and we operate with high moral standards and family values. It is a violation of our terms of service to host any form of pornography, risque or adult material, even in cases where such material might be permissible under applicable law. If you desire to host such material, our services are not for you and you should seek to utilize our services. October Industries reserves the right to define which materials or types of materials constitute child pornography, pornography or adult material, to request that you remove those materials or remove them ourselves and to suspend any accounts or services hosting host materials at any time, at our sole discretion, with or without notice of any kind.
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. We strongly suggest you set permissions on most directories to 755, or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.
Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who
sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, 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.
October Industries 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.
October Industries reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of October Industries.
4) Payment Information
You agree to supply appropriate payment for the services received from October Industries, in advance of the time period during which such services are provided. You agree that until and unless you notify October Industries of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations may be made through the client area of our customer portal or by contacting us. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If
you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone: 1-888-313-1531. We require that cancellations of service be made online or in person to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of October Industries, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
You agree that until and unless you notify October Industries of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by October Industries. October Industries reserves the right to bill your credit card or billing information on file with us.
October Industries provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to October Industries for services rendered. Access to the account will not be restored until payment has been received.
Domain renewal notices and invoices are provided as a courtesy reminder and October Industries cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify us for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact us.
October Industries reserves the right to change the monthly payment amount and any other charges at anytime.
5) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept unless otherwise specified in your contract or service package. This service is provided to you as a courtesy. October Industries is not responsible for files and/or data residing on your account. We do not normally restore backups or offer files or data from our backups for free, unless specifically included in your package agreement. You may request files or backups, by contacting us, and at our desecration we may be be able to provide or restore the files for a nominal fee. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of your files and data stored on October Industries’ servers and systems.
We strongly encourage our hosting users to purchase one of our packages that include backups.
We also strongly recommend you keep at least one current backup copy of your files and data in your possession, on a computer system or media of your choice, within your own control, outside of October Industries’ systems. As of 2013, we recommend DVD disks and USB flash media devices as an excellent and reasonably priced backup media which you can easily keep in your home or office.
6) Cancellations and Refunds
October Industries reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and October Industries is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via the client area of our customer portal or by contacting us. Sending an email is not a sufficient form of cancellation unless and until October Industries personnel respond with an acknowledgement that your email has been received and acted upon.
Cancellations requested after the initial 45 days for accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. If the account is eligible, any request for a refund outside of the initial 45 day period will be given on a prorated basis with any previous extended term discount withheld. Refunds are to be determined once the account has been canceled. Payments older than 60 days may require a refund via PayPal or mailed check due to our merchant account policies and procedures.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
PayPal payments
There are no refunds on dedicated servers, administrative fees, domains, install fees for custom software, SSL certificates or tech support. Any ccTLD’s domain name purchases are non-refundable. We do not issue domain refunds.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you
will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the right to any and all refunds.
7a) Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or
store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) 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”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
13) You may not use more then a normal and reasonable amount of filesystem inodes.
7b) INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
7c) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up or unless otherwise specified in your contract or package subscription. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.
8) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased
at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9a) Money back Guarantee
We do not offer any money-back guarantee.
October Industries will not activate new orders or activate new packages for customers who have an outstanding balance with October Industries or any of our companies, divisions, subdivisions or departments. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by October Industries in writing.
9b) Uptime Guarantee
While our services have an excellent uptime track record, we do not offer an uptime guarantee.
10) Resellers & Reseller Client Responsibility
October Industries does not provide services for resale at this time.
11) Shared (non-reseller accounts) / Semi-dedicated Servers
Shared accounts may not resell web hosting to other people. Semi-dedicated servers are not backed up unless backup services are specifically listed in the included features of the purchased. In such a case you must maintain your own backups.
12) Dedicated Servers
October Industries reserves the right to reset the password on a dedicated server if the password on file is not current so that we or our upstream services and technology providers may do security audits as required by our data center. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. October Industries reserves the right to audit servers as needed and to perform administrative actions at the request of our data center. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.
13) Price Change
We reserve the right to change prices listed on octoberhosting.com, the right to increase or reduce the amount of resources given to plans at any time, and the right to discontinue services if we are not longer able to affordably or reasonably provide them.
14) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
15a) Indemnification
Customer agrees that it shall defend, indemnify, save and hold October Industries harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against October Industries, 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 October Industries against liabilities arising out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with October Industries; (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 October Industries’ server.
15b) Arbitration
By using any October Industries services, you agree to submit to binding arbitration. If any disputes or claims arise against October Industries or its subsidiaries, such disputes will be handled by an arbitrator of October Industries’ choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum may be selected in the state of Texas. Arbitrators shall be mediators, attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.
You are also responsible for any and all costs related to such arbitration.
16) Disclaimer
October Industries shall not be responsible for any damages your business may suffer. October Industries makes no warranties of any kind, expressed or implied for services we provide. October Industries 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 October Industries and its employees.
17) Disclosure to law enforcement
October Industries 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.
18) Changes to the TOS
October Hosting reserves the right to revise its policies, terms and conditions at any time without notice. Continued use of our services constitutes your consent to those updated policies, terms and conditions. If you do not agree with the changes, or if you are dissatisfied, you may discontinue use of our services and products and/or move your services to another provider at any time. Updates will be posted to http://www.octoberhosting.com/policies/terms-and-conditions/
You may view our Service Level Agreement here.
You may view our Refund Policy here.
You may view our Privacy Policy here.