memorandum establishes operating principles and acceptable use
policies as they relate to the Client's use of the Internet
and the services provided by OCWebSolution.com to the Client.
The services provided for under this agreement shall begin on
the creation date of your account and will remain in effect as
long as your account is active.
Once the client approves of and pays for any outstanding
balances owed for work done, the work (design, scripts,
databases, programming, etc.) becomes the property of the
client and constitutes full acceptance of work and services
provided by OCWS.
Client will be responsible for payment in advance of service
provided. All accounts will be billed on a fixed monthly or
(beginning and ending the date of the account setup) or on one
of the pre-paid plans.
Both parties agree to accept electronic mail as legally
binding documentation for billing and notification purposes.
All invoices are due and payable upon receipt. Failure to pay
any amount due within ten (10) days of the due date shall
constitute sufficient grounds for termination of service
without notice. Once an account is terminated, client will
need to pay all outstanding service fees and will be charged a
re-activation fee in order to restore prior data or settings.
There is no guarantee that a 're-store' will be available. All
returned checks are subject to a $20.00 fee for each time they
are returned by your bank. Accounts may be terminated if bad
checks are not paid within five (5) days.
OCWebSolution.com reserves the right to change the rates and
otherwise modify this notice upon thirty-(30) days notice to
you. Use of OCWebSolution.com's Internet Solutions and
Services after the effective date constitutes acceptance of
the new terms and conditions/service agreement.
Terms and conditions:
OCWebSolution.com's Internet Services and Solutions are
provided on an "as is" basis. These services are provided
without warranty of any kind, expressed or implied, including
programming services, database services, any software or
material provided to the client, or any other type of service
offered. In no event will OCWebSolution.com be liable for any
direct, indirect, incidental, or consequential damages,
including but not limited to, loss of data resulting from
delays, non-deliveries, or service interruptions caused by
OCWebSolution.com or by your own errors and/or omissions or by
an act of God.
OCWebSolution.com may only be used for lawful purposes.
Transmission or storage of any material in violation of any US
state law or regulation is prohibited. This is included, but
not limited to, copyright material, material legally judged to
be threatening or obscene or material protected by trade
secret. The client agrees to indemnify and hold harmless
OCWebSolution.com, from any claims resulting from clients' use
of the service. Any access to other networks or systems
through OCWebSolution.com must comply with the applicable
rules of that service.
OCWebSolution.com specifically denies any responsibility for
the accuracy or quality of information obtained though its
services. Use of any information obtained via
OCWebSolution.com is at your own risk. OCWebSolution.com will
not be responsible for the reconstruction of any lost data,
outside of that provided by and required for the operation of
OCWebSolution.com will not be responsible for service
interruptions beyond its control; including but not limited to
acts of nature, service interruptions by its providers, or
modifications to the clients system by the client or a third
OCWebSolution.com reserves the right to bring the system down
at any time without notice for service or system upgrades.
Clients will be notified by email at least one (1) week prior
to any scheduled major service/upgrades.
These terms and conditions represent the entire agreement
between you ( the client) and OCWebSolution.com. These terms
and conditions shall be governed and interpreted in accordance
with the laws of the State of California, United States of
America. Client consents and submits to the jurisdiction of
any state or federal court located within Orange County,
California. Client hereby waives any right to change venue.
Any claims or causes of action arising out of or related to
this agreement must be initiated within one (1) year after the
claim or cause of action has arisen or be barred.
OCWebSolution.com will not monitor or regulate the content of
information or data passing through or temporarily stored on
its system, except under court order or where reasonable
suspicion of a legal violation exists. OCWebSolution.com
reserves the right to discontinue all or any part of the
provided service at any time for any reason.
Security and backup:
Client is responsible for implementing sufficient procedures
and checkpoints to satisfy its requirements for accuracy and
security of data and access codes. Although OCWebSolution.com
routinely backs up it's clients data, the client is also
responsible for maintaining a means external to
OCWebSolution.com for archiving any data critical to the
The Client is required to protect the security of his or her
Internet account and usage. The Client's password should be
treated as private and confidential and not disclosed to or
shared with any third parties.
Client agrees to protect and treat as confidential all
passwords, user names, and proprietary information provided by
OCWebSolution.com for access to its systems. Sharing of
names/accounts is expressly forbidden. If a client believes
their user name or password has been compromised, immediate
email or written notification must be provided to
OCWebSolution.com. Client will be held responsible for all
acts/communications initiated or authorized by its user name.
Responsibility and Respect:
The Internet is a network intended for use by users that act
in a mature manner. The Client recognizes this principle and
undertakes at all times to act with respect, courtesy and
responsible, giving due regard to the interests and rights of
other Internet user groups. This general guideline carries
with it the following specific responsibilities:
The Client will avoid violation of certain generally accepted
guidelines on Internet usage such as restrictions on mass
mailings and mass advertisements, pirating or copying of
software, mail bombing or other methods of attempting to deny
service or access to other users, and attempts to violate
Compliance with Laws:
The Client will ensure that its use of the Internet complies
with all applicable federal, state and local law and
regulation, including but not limited to those principles of
law which protect against compromise of copyrights, trade
secrets, proprietary information and other intellectual
property rights, libel or defamation of character, invasion of
privacy, tortuous interference, and export of technical or
military data to prohibited countries.
Validation of Information:
The Client is responsible for validating the integrity of the
information and data he or she receives or transmits over the
Discretion and Judgment:
The Client is expected to use discretion in the treatment and
handling of Internet information and data and to take
particular care to insure that adult information is not
transmitted to juvenile users of the Internet.
We adhere to U.S. laws and regulations regarding adult-related
material of any nature.
Including but not limited to activities such as using a
non-existent email return address on a commercial
solicitation, spamming (sending unsolicited advertising to
numerous email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email than a normal
user), allowing spamming by third parties to promote a web
site hosted by OCWebSolution.com, trolling (posting outrageous
messages to generate numerous responses), mailbombing (sending
multiple messages without significant new content to the same
user), subscribing someone else to a mailing list without that
person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization to
enter into a secured computer system. OCWebSolution.com
reserves the right to determine what constitutes net abuse.
Furthermore, repeated offenders having been warned of
unauthorized service usage may be subject to a $500.00 fee per
incident covering the additional activity needed to be
performed by OCWebSolution.com with regards to said
unauthorized service usage.
Excessive CPU usages:
Clients using excessive amounts of CPU processing on any of
our servers will be assessed accordingly or face immediate
Although we regret to see our customers cancel service, we do
understand that there are circumstances that may arise.
Service is billed in advance and is non refundable, either in
whole or part. In order to cancel service, you must inform us
before your next billing due date by completing our online
form, mailing us a letter on your company letterhead or
sending a fax. Be sure to include your name, company name, the
service you wish to cancel and your account "log-in" password
for verification purposes, sign and date. Once you have
informed us of your cancellation, services will be deactivated
immediately. Once deactivated we will be unable to restore
prior data or settings.
23974 Aliso Creek Road #391
Laguna Niguel, CA 92677
Phone: (949) 643-2445
Fax: (949) 582-8303