Acceptable Use Policy
GENERAL PROVISIONS

The Provider (Oculus Networks) agrees to supply the Customer (the individual who has obtained service provided by Provider as well as any corporate entity whom the individual may represent) with Web Site Hosting as prescribed on Provider's web site located at http://www.oculusnetworks.com and in the applicable Client Order signed by Customer and Provider. The Customer agrees to all technical and billing requirements as set forth on said web site, in the Customer Order and to the Acceptable Use Policy prescribed in this Agreement ("Agreement"). The Customer covenants and agrees to abide by the Agreement, as specified here, in addition to all future revisions that are publicly posted on the Provider's web site. Due to the ever-changing nature of the Internet, the Customer fully understands and accepts the responsibility of keeping abreast of changes in the Agreement.

I. RESPONSIBILITY FOR CONTENT:
The Customer understands that Provider is not responsible for any conduct, content, goods and services that are or may be available through the Internet or the Provider's services. Furthermore, the Customer understands that Provider is not responsible for the accuracy or quality of any information obtained through the Internet.

The Customer agrees to comply with all applicable laws, rules and regulations in connection with Customer's use of the Service. The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or protected material to the Internet without express authorization or purchased license of the owner(s) or person(s) owning the copyrighted material. Customer understands that the Provider is a "service provider" as defined in the Digital Millennium Copyright Act, and therefore has no responsibility for the content of Customer's web sites. The Customer understands that if a copyright complaint is received by the Provider, Customer will receive notice of the complaint and will be given reasonable time to respond to the complaint. At any time, the Provider may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or licensed distribution for any item displayed on the Customers web site so as to resolve any copyright or other legal claims that may arise. If Customer is unable to provide ownership or licensing information to the complaining party and/or Provider, then Customer must remove the objectionable material, or face having the applicable pages taken down by Provider.

The Customer agrees to keep its site free of any illegal content including, but not limited to threats of physical harm to persons or property, programs containing viruses, pirated software, child pornography and violations of international export control laws.

The Customer shall be solely responsible for the development, operation and maintenance of its online businesses and/or sites and all contents and materials appearing online or related to Customer's products and services, including without limitation (a) the accuracy and appropriateness of content and materials appearing on customer's web pages, or within customer's business, and on customer's products; (b) ensuring that the content and materials appearing within the online business or related to the product or service do not infringe upon the rights of any third party; and (c) ensuring that the content and materials appearing within the website or related to Customer's products and services are not libelous or otherwise illegal. Customer is solely responsible for the final calculation of and application of shipping, sales tax and any other taxes related to Customer's business or website. Customer will also be solely responsible for accepting, processing, and filling customer orders, and for handling any customer inquiries or complaints arising therefrom. Customer shall also be solely responsible for the security of any of its' customer information, including credit card numbers.

Customer shall also be responsible for any and all licenses for any software scripts or other electronic media installed on Customer's server, and shall provide Provider with a copy of same upon demand.

II. FTC COMPLIANCE:
The customer agrees to fully comply with the United States FTC Act (if Customer does business in the United States), and any related rules, regulations and advisory opinions issued by the FTC. Customer's failure to comply with the foregoing may result in immediate termination of this agreement by Provider. The Customer understands that Provider is not giving legal advice and the Customer is advised to seek independent legal opinions about compliance with the FTC Act. The Customer is to avoid unfair or deceptive advertising. Pursuant to Section 5 of the FTC Act, a representation, omission, or practice is deceptive if it is likely to mislead consumers and improperly affect consumer's behavior or decisions about the product or service. To be in compliance, Customer agrees that it will fully and fairly describe the products and services being sold as well as the costs thereof and the associated terms and conditions, procedures for making purchases, procedures for registering complaints or obtaining refunds and/or credits, the procedure for canceling service or returning products and any use which Customer may make of personal information gathered by Customer.

II. UNSOLICITED COMMERCIAL BULK EMAIL (aka SPAM):
The Customer agrees not to use the facilities and capabilities of the Provider to solicit the performance of any activity that is prohibited by law or for the illegal distribution of Unsolicited Commercial Bulk Email ("UCBE"), commonly known as "spam," nor shall Customer forge or use without authorization, any mail header information.

This practice, commonly known as "spamming," is generally defined as the electronic transmission of unsolicited advertising materials to a party with whom the sender has no business or personal relationship, where the materials are not sent at the request of, or with the expressed consent of, the recipient. Failure to comply with the law and the following guidelines may result in immediate termination of Customer's site.

For Customer's information and to assist in understanding Customer's obligations, but not for the purpose of providing legal information (Customer should seek its own legal counsel), Customer needs to be aware that several states (including California, Colorado, Washington, Virginia and Nevada, among others) have passed aggressive new laws to control UCBE. The federal government also has proposed legislation before it for examination and vote.

In an effort to help the Customer comply with this new and relatively uncharted area of the law, Provider is including some minimum guidelines. These guidelines and are not intended to provide Customer with legal advice or replace Customer's own analysis of Customer's duties under the law(s) applicable to UCBE.

UCBE Guidelines, whereby Customer agrees not to:

1. Use a domain name which belongs to a third party, without that party's permission, or which is unregistered or fictitious, or
2. Take any other action which otherwise misrepresents or disguises the point of origin of the message or the path of the UCBE, or
3. Direct a UCBE to a subscriber of any Internet Service Provider ("ISP"), which prohibits such transmissions.

The subject line of the message must not contain false or misleading information. If Customer does business in California and the message is directed to a California resident and is sent through a California ISP, California law requires that the first four characters of the subject line must be "ADV". If the message relates to adult content, the first eight characters of the subject line must be "ADV: ADLT." Note that failure to comply with the foregoing law is a crime in California.

The text of the message shall contain the URL of the site, and a toll-free telephone number or valid email address, which the recipient may use to reach the Sender. The message must contain a statement informing the recipient that he or she may use the toll-free number or email address contained in the message to instruct the Sender to send no further messages to email addresses specified by the recipient. Customer shall notify the Provider of its receipt of such notice within 24 hours of its receipt, and thereafter, may not send messages to any of the designated email addresses.

III. USENET GROUPS:
Provider reserves the right to reject postings from newsgroups where we have actual knowledge that the content of the newsgroup violates this AUP. Customer also agrees to abide by established Usenet conventions (more commonly known as "netiquette") and Customer is advised to check the rules and prohibitions for each Usenet site. Customer is prohibited from forging Usenet header information, posting chain letters, inappropriate messages or posting encoded binary files to Usenet newsgroups not specifically named for that purpose.

IV. ADULT CONTENT:
In the case of Adult Oriented Sites, the Customer agrees to present a disclaimer and a means of exit to visitors before granting access to any area deemed as adult in nature, sexually explicit or unsuitable materials for minors. The Provider may, at any time, at its sole discretion, require the Customer to provide legal documentation fulfilling the requirements of 18 U.S.C. 2257 for their review. Any Customer found to be in non-compliance with 18 U.S.C. 2257 or any other applicable law may have their account suspended or revoked at the sole discretion of the Provider.

V. SECURITY:
Any violation of system or network security is prohibited and may result in criminal and civil liability. Unauthorized Access of the servers is strictly prohibited. The Customer agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking." In addition, Customer is prohibited from the following:

1. Any unauthorized access to or use of data, systems or networks;
2. Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network;
3. Without authorization, interference with service to any user, host or network;
4. Introducing a malicious program into the network or server (e.g. viruses and worms);
5. Unauthorized us of, or forging any header or any part of the header information in an email or newsgroup posting;
6. Circumventing user authentication or security of any host, network or account;
7. Attempting to cancel, supersede or otherwise interfere with Usenet or email posts other than one's own; and
8. Using an account at another provider to promote your site with Provider in an abusive manner.

Customer is prohibited from utilizing Provider's service for the purpose of compromising the security or tampering with system resources or accounts on computers at Provider or any other site. In the event Customer is involved in violations of system security, Provider reserves the right to release information about Customer to system administrators at other sites in order to assist in resolving security incidents and Provider shall cooperate with any law enforcement agency investigating a criminal violation of system or network security.

VI. MISCELLANEOUS:
The Customer agrees and understands that any network address assignments ("IP addresses") issued by Provider to Customer shall remain the property of Provider, and are considered to be loaned to the Customer. The Customer also understands that Provider is not a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that it may be necessary for Provider to examine systems accounting logs and other records to determine if privacy violations or other network activities have occurred.

In the event that the Customer has not complied with any part of this agreement or breaches the agreement, the Provider reserves the right to alter access to the service, or to terminate the service, without notice to, or authority from the Customer, and the Customer forfeits any prepaid amounts to Provider.

Except with respect to accrued payment obligations, neither party shall be liable for any failure of performance due to causes beyond such party's reasonable control, including, but not limited to: acts of God, fire, flood or other catastrophes; any law, order, regulation, or governmental action, national emergencies, insurrections, riots or wars; unavailability of rights-of-way; or strikes or other labor difficulties not involving Globix, provided however, the affected party shall use commercially reasonable efforts to eliminate such event.

Any complaints regarding spam and or copyright infrongement claims should be sent to admin@oculusnetworks.com

Terms of Service
I. ACCOUNT ACTIVATION

By activating your account with Oculus Networks, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

II. PAYMENT

Payment is due 15 days from receipt of invoice. Payments not received on the due date of invoice subjects your account to suspension.

III. REFUNDS

In the event that we fail to provide you with the hosting services you have purchased please send an e-mail to admin@oculusnetworks.com and request your refund. Refunds for any "un-used" month of service will be issued within 30 days of receipt of refund request.

Explanation of "used" and "un-used" months of service.

A month refers to each 30 day period after your account is setup. A month of service is considered "used" if your cancellation request is received on or after the 16th day of a month. "Used" months are not refunded. A month of service is considered "un-used" if your cancellation request is received on or before the 15th day of a month. "Un-used" months are refunded.

All refunds are subject to a 10% or $15 (whichever is less) refund processing fee.

For web design/programming services, payments are nonrefundable. This is because with web design & programming we work closely with the customer to ensure 100% satisfaction before delivery.

IV. ACCEPTANCE OF CONTRACTUAL AGREEMENT

1. Customer 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 Oculus Networks, that you are agreeing to our Acceptable Use Policy and Terms of Service. No Modifications of said contract by Customer is allowed.
2. Oculus Networks 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, Acceptable Use Policy and Terms of Service. 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, client will pay Oculus Networks any additional fees as specified.

V. PAYMENT
Establishment of this service is contingent upon receipt of payment from client to Oculus Networks. Customers with credit card/online check purchases are automatically billed every 30 days. 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.

VI. 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 reconnect charge which is determined by Oculus Networks.

VII. DELINQUENT ACCOUNTS
Oculus Networks may temporarily deny service or terminate this Agreement upon failure of client to pay charges when due. Such termination or denial will not relieve client of responsibility for the payment of all accrued service fees, or any collection fees.

VIII. ACCOUNT CANCELLATION
All requests for cancelling any service / services must be made in writing. Confirmation receipt of cancellation will be sent within 24 hours of receiving your request.

IX. REFUSAL OF SERVICE
Oculus Networks shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Oculus Networks reserves the right to terminate any account at any time and for any reason and also reserves the right to delete all content and files upon termination. Oculus Networks reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Oculus Networks reserves the right to refuse, cancel, or suspend service at our sole discretion.

In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. Oculus Networks may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Oculus Networks as reflected in the original provision.

This Agreement and all rights hereunder shall be governed by the laws of the State of Arizona. Any action relating to this Agreement or to your use of the Oculus Networks site shall be brought exclusively in the courts of the state of Arizona in the USA.

Oculus Networks reserves the right to change the Acceptable Use Policy and Terms of Service without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy and Terms of Service does not constitute consent.

This Agreement and the hosting terms of use, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you (the client) and Oculus Networks, and supersede and govern all prior proposals, agreements, or other communications.

Failure to follow any term or condition will be grounds for immediate shut down.