OnlineCares
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TERMS OF SERVICE

There are no hidden fee’s so if you are searching for them in small print, just a head’s up.

Use of Onlinecares’s Service constitutes acceptance and agreement to Onlinecares’s AUP (Acceptable Use Policy) as well as Onlinecares’s TOS (Terms of Service). From herewith in this TOS, AUP, the usage of “onlinecares“, “us”, “we”, “our”, “ours” shall constitute reference to Onlinecares, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Onlinecares.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Onlinecares, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. Onlinecares will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Onlinecares any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

What may not be hosted on our network:

-Warez
-IRC
-Adult (Only for our web & reseller)
-Child pornography
-Copyrighted media, includes but not limited to: Video, Music, TV, Radio
-Hacking tools / material
-Proxy pages
-Torrent
-Peer2Peer
-Anything that may harm us, the server, or anyone else (mentally, physically)
-Sites using high httpd, mysql, massive e-mail sending or any other thing to make server overload (Only for our web & reseller)
-Forum with using heavy database and large amount members (Only for our web & reseller)
*We keep the right to remove or suspend account which has one of above stuffs without any prior notice.

We do not allow any kind of THREAT, ABUSIVE and BAD WORDS on live chat with our sales or techs or on trouble tickets.
*We keep the right to remove or suspend account which has one of above stuffs without any prior notice.

Network Uptime is the total time in a calendar month that Onlinecares network is available through the Internet, provided that Client has established connectivity. Onlinecares takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Onlinecares’s Network as confirmed by Onlinecares. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any Onlinecares scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12-24 hours notice.

SLA Network Violation Credit

· Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: · Scheduled downtime · Problems outside of Onlinecares’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network · Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Onlinecares. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Onlinecares will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

Server payment issues;
The date you ordered your server is called your Server Payment Date(SPD). Server payments strictly to be paid on SPD. Your first payment is always a recurring payment which will be charged at the same date next month. In case of payment could not be charged that you will have notification e-mail to your registered contact e-mail. You will need to respond and inform Onlinecares about your payment situation in 48 hours after notification mail date and time. Onlinecares keeps the right shut down server after 48 hours notification mail sent. Unresponded notification mails will triger termination progress and this is another 48 hours. Onlinecares is no more reponsible by your server in termination progress. If you wish to save your server in termination progress there will be service charge as $50 to get back your server online.To prevent our server from payment issues please make sure that you have enough funds available to charge by Onlinecares at your payment date. Please simply keep in touch with Onlinecares about payment issues.

Add Ons (extra Ram, HDD, Uplink...etc)  payment should be upon order, we keep the right to remove part or disable the server for unpaid add ons.

Delinquent Accounts:
Onlinecares may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to Onlinecares, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Onlinecares billing department to resolve the issue will allow for the reseller's client to be able to purchase the server directly, and assume financial responsibility from that point forward. The balance must be paid entirely by the client prior to lifting the service suspension. Resellers shall not hold Onlinecares responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Backup files: (for Shared Servers)
Onlinecares offers daily backup on Shared Servers but client is full responsability about files and databases. We don't have responsability if we can have any issue abuot server (hdd failure, fresh os installation and any other unexpected issues)

Upgrading Reseller Package:
Good news!!! You could upgrade your reseller plans anytime.
If you are upgrading your reseller package first 2 weeks after your last payment; reseller will pay the difference of the next package and will have a new subscription at next payment date for th last package. If you upgrade your reseller package after 2 weeks of your last payment; reseller must pay new package price and start to using it with new date. Old subscriptions are subject to cancel after new one achieved.

Account Cancellation:
All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to billing@onlinecares.com Include your domain name, last name on credit card in your email.
For Dedicated Servers : First month payment (including Setup fee if there is) is NON REFUNDABLE

30 Days money back Guarantee:
All shared hosting, reseller hosting, and windows hosting plans come with a 30 days money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.

Bandwidth Overage (Dedicated Server) :
Your server comes with a set bandwidth 1200 GB. This represents the amount of bandwidth that you are allowed to use for each calendar month. If you exceed this allotment for any reason in any calendar month, even if you have cancelled service with Onlinecares.com during the month, you will be charged overage bandwidth at a rate of $.30 per gigabyte. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages. If you are a reseller, it is your responsibility to monitor the bandwidth usage of your client(s) as you are solely responsible for any and all overages incurred by them.

Dedicated Server Restore:
Onlinecares is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Onlinecares shall not be liable for loss of data under any circumstance.

Hardware replacement will occur within 1 - 8 hours of the reported problem, Onlinecares will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: sales@onlinecares.com . SLA violations will be reviewed by our personnel Monday - Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*