Acceptable Use Policy

By using OSOA ("we," "us," or "our") products and services, you ("Customer") agree to comply with our policies. This policy assumes basic knowledge of how the internet works, of generally acceptable use, and of uses to avoid; common sense should be your best guide.

This Acceptable Use Policy ("AUP") is incorporated by reference into each Master Services Agreement, colocation agreement, and/or service order. We reserve the right to revise or modify this AUP at any time. Changes take effect when posted on the legal information page of our website, and you are deemed to accept such changes.

You are responsible for complying with this AUP and for violations by your customers and users. You will take reasonable measures to ensure that your customers and users comply with this AUP.

We expressly disclaim all liability for data transmitted through our network or servers, data stored temporarily or permanently, and for the acts or omissions of users.

The provisions of this AUP are intended as guidelines and are not exhaustive. Conduct that violates the law, regulations, or generally accepted norms of the internet community is prohibited even if not expressly stated in this AUP. We reserve the right to prohibit conduct that damages the commercial reputation or goodwill of the company or its affiliates at all times, and we make the final determination as to whether conduct constitutes a policy violation.

Our products and services may be used only for lawful purposes. Transmitting, distributing, storing, or linking to material that violates applicable law is prohibited. This includes, but is not limited to, material that uses copyrights, trademarks, trade secrets, or other intellectual property rights without proper permission, defamatory material, unlawful threats, material that violates export control laws, and material otherwise prohibited by the laws of Hong Kong, Japan, Australia, the United Kingdom, or the United States.

You may not operate IRC (Internet Relay Chat) servers, bots, responders, or clients on our network or servers. If we find IRC services running on a server, we will suspend the service immediately. A server reconnection fee applies even if removal of the service is confirmed. We reserve the right to terminate servers running IRC services immediately. No refund is provided for the prepaid period of terminated accounts.

Communications sent or submitted to OSOA, including email, support tickets, chat, and voice calls, are the exclusive property of OSOA. They may not be copied, shared, or otherwise reproduced without prior express written permission from OSOA.

Offensive, explicit, rude, or abusive language is not tolerated and may result in immediate account termination without refund.

Violations of the security of our systems or networks are prohibited and may result in criminal and civil liability. Our servers and networks may not be used for the following:

• Introducing or executing malicious programs, such as viruses, worms, Trojan horses, or keyloggers, on a network or server
• Causing security breaches or disruptions of network communication or connectivity, such as port scanning, flood pinging, mail bombing, packet spoofing, IP spoofing, or forged routing information
• Engaging in any network activity that intercepts unintended data on your server
• Circumventing or bypassing user authentication or security of hosts, networks, or accounts, such as cracking, brute force, or dictionary attacks
• Interfering with or denying service to users, hosts, or networks other than your own hosts, such as DoS or DDoS attacks
• Circumventing restrictions or access controls to specific services, hosts, or networks, such as forging packet headers or other identifying information
• Soliciting the commission of illegal acts (even if not carried out), or sending programs or messages that interfere with or disable a user terminal session

You may not:

• Transmit unsolicited bulk messages over the internet (spamming)
• Create fake weblogs whose purpose is, or is likely to be, to promote the author websites or raise their search engine rankings (splogging)
• Send spam to weblog sites or automatically post promotional or commercial comments (blog spam)

All users must comply with all applicable laws governing bulk and commercial email, including the CAN-SPAM Act of 2003. Users may not send unsolicited bulk email to recipients who have not opted in in advance. Users who send bulk email must keep complete and accurate records of all consents and opt-ins and provide them upon request from OSOA.

If our products or services are used in a manner that causes us, our affiliates, or customers to be placed on a "blacklist," we reserve the right to permanently suspend or terminate OSOA services and to permanently suspend or terminate access to OSOA services. Operating services for, or reselling services to, any individual or entity listed in the Spamhaus Register of Known Spam Operations database constitutes a violation of this AUP.

If your conduct causes our mail servers or IP address ranges to be listed on a blackhole list or mail filtering system, we will charge USD 250 in advance for remediation and USD 120 per hour thereafter.

When we become aware of a violation or suspected violation of this AUP, we will begin an investigation. During the investigation, we may restrict your access to prevent further abuse. Depending on the severity of the violation, we may, at our sole discretion, restrict, suspend, or terminate your account or take other civil remedies. If the violation is a criminal act, we will report it to the appropriate law enforcement authorities.

We have the right to disclose information about you and your use of the service when we determine it is necessary in connection with an investigation or to prevent death or bodily harm. No service credits are issued for service disablement due to policy violations. You are responsible for all costs we incur in investigating prohibited use.

We may enforce this AUP in any manner we consider reasonable, with or without notice to you. We may disable access to violating content, suspend or terminate services, remove DNS records, block mail or network services, null-route IP addresses, or take legal action.

We may charge a violation response fee of USD 100 per hour (minimum billing unit of one hour) at our discretion to handle investigations and reports. Violation response fees must be paid in full within 12 hours, and suspended services cannot be restored until payment is made. Restoring suspended services may incur a USD 160 restoration fee.

To report a violation of OSOA policies, please email [email protected].

We generally aim to deploy servers within 2 to 10 business days, but deployment may take up to 60 calendar days for various reasons. We deploy servers as quickly as possible. No refund is provided if a server awaiting deployment is canceled.

Support for system software is provided only to "fully managed" server customers. "Unmanaged" server customers are not provided with software support. Unmanaged customers may request support for replacement of failed hardware. All servers include IPMI/KVM, enabling full remote control of the system.

KVM and hardware failures for unmanaged customers are handled on a best-effort basis during business hours. Priority tickets provide immediate response and assistance (USD 65 fee applies). Managed customer hardware is monitored 24/7/365, and priority tickets for hardware and website failures are free.

Accounts opened under a company name are limited to official use by the named company. You confirm that you have authority to purchase on behalf of the company and that the company approves the use of OSOA services and agrees to pay. Accounts may not be lent, transferred, or sold to third parties. If you transfer a server or service to a third party, you must contact OSOA to arrange transfer to a new account.

Changes to the billing period are considered individually at the sole discretion of OSOA. We reserve the right to reject a billing period change request for any reason. If you are on a monthly plan and wish to change to a quarterly or other prepaid period, you must notify us through the support portal at least 10 days before the next payment due date. Without notice, the current billing period continues for one more period, and the approved change applies from the following period.

Server cancellations must be submitted through the support desk at least 10 days before the end of the billing period. If we do not receive notice at least 10 days before the end of the period, you will be deemed to have agreed to be billed for one additional period.

Special offer pricing may be limited to one server per customer or to new customers only, and is determined individually. Special offer and discounted servers may not be used to replace existing services. If any server is canceled, promotional pricing applied to all servers ordered under special offers or discounts is withdrawn, and regular pricing applies.