Terms of Service
100% Uptime Guarantee
Propeller Networks | Oqobo guarantees that our public network will have 100% availability. If for any reason our network does not experience 100% uptime in a given month, Propeller Networks | Oqobo will credit 5% of the customer’s monthly service fees for the hosting plan(s) affected, for each 30 minutes of network downtime experienced up to a maximum of 100% of the monthly service fees for the hosting/server plan(s) affected.
All Propeller Networks | Oqobo 100% Uptime Guarantee Claims must be submitted through the Oqobo Support Portal within 7 days of the incident. Claims MUST include information including domain name(s), IP address, associated logs, and a complete description of the incident. All credits are issued as service credits against future invoices. Scheduled downtime or network maintenance does not apply towards the Propeller Networks | Oqobo 100% Uptime Guarantee. All network downtime is measured starting from the time the network is 100% unreachable until connectivity has been restored.
The Propeller Networks | Oqobo 100% Uptime Guarantee only applies to customer accounts not in arrears and clients that are not participating in malicious or aggressive activities thereby causing attacks or counterattacks.
Website/Server Hosting Terms and Conditions
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Propeller Networks, LLC | Oqobo and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
Propeller Networks, LLC | Oqobo reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers. Propeller Networks, LLC | Oqobo may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Propeller Networks, LLC's | Oqobo posting of any changes or modifications will constitute your acceptance of such changes or modifications.
As consideration for Propeller Networks, LLC | Oqobo providing the Hosting Services hereunder, Customer agrees to pay Propeller Networks, LLC | Oqobo the aggregate monthly fee based on the monthly hosting services and the terms selected. All payments are final.
Invoices are sent out every 30 days. The customer is notified 30 days prior of the due date via E-Mail to the E-Mail address established by the account holder within the billing system (https://account.oqobo.com). The customer is also reminded 7 days prior of the invoice due.
a. Late fees: If the customer has not paid on the due date that has been established on the invoice, the customer will be responsible for a 25% late fee based upon the balance due. The customer is notified again via E-Mail 3 times after the due date before the final late fee is assessed. The late fee is added to the invoice on the 7th day after the original due date.
b. Account/Services Suspended due to non-payment: If the customer fails to pay after 14 days (2 weeks) from the date established on the E-Mailed invoice, the account will be suspended until payment and late fee is received.
c. Account/Services Closed due to non-payment: If the customer fails to pay after 17 days from the date established on the E-Mailed invoice, the account & services will be permanently closed. Propeller Networks | Oqobo will not be responsible for any and all data, files, graphics, code, information related to the hosted account, etc. or loss revenue due to the account and service(s) closing.
2. Provision of Services.
Propeller Networks, LLC | Oqobo will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Propeller Networks, LLC | Oqobo will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content.
With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Propeller Networks, LLC | Oqobo. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Propeller Networks, LLC | Oqobo, and licensed by Propeller Networks, LLC | Oqobo or generally available to the public, including Customer, under published licensing terms, and that Propeller Networks, LLC | Oqobo will use to display or run a Web site. If a customer stops paying the monthly fee for the Service upon cancellation the customer is not entitled to use the Service for any purposes what so ever.
4. Limited License to the Background Technology.
"Background Technology" means computer programming/formatting code or operating instructions developed by or for Propeller Networks, LLC | Oqobo and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Propeller Networks, LLC | Oqobo. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Propeller Networks, LLC | Oqobo. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content.
Customer hereby grants to Propeller Networks, LLC | Oqobo the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Propeller Networks, LLC | Oqobo hereunder, solely for the purpose of rendering Propeller Networks, LLC | Oqobo Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
6. Content Standards.
Customer agrees not to provide Customer Content, and Propeller Networks, LLC | Oqobo will not intentionally provide to Customers any content, that
(a) infringes on any third party's intellectual property or publicity/privacy rights;
(b) violates any applicable law or regulation;
(c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or
(d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information.
If Customer is international, then Customer agrees to comply with all applicable local and national laws. Propeller Networks, LLC | Oqobo reserves the right to refuse any other subject matter it deems inappropriate.
Propeller Networks, LLC | Oqobo agrees to provide reasonable technical support by email and/or the Propeller Networks, LLC | Oqobo Online Support Portal to Customer during Propeller Networks, LLC | Oqobo’s normal technical support hours.
8. Term and Termination.
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated;
(b) Propeller Networks, LLC | Oqobo may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and
(c) upon the termination of this Agreement, Customer will pay Propeller Networks, LLC | Oqobo for all Services provided to Customer by Propeller Propeller Networks, LLC | Oqobo prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
9. Warranty Disclaimer.
Except as expressly provided in this Agreement, the Services are provided "as is," and Propeller Networks, LLC | Oqobo expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
Interruption of Service: You hereby acknowledge and agree that Propeller Networks, LLC | Oqobo will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Propeller Networks, LLC | Oqobo to a Customer will be deemed accepted when delivered.
(a) Customer Indemnity. Customer will defend Propeller Propeller Networks, LLC | Oqobo against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Customer shall indemnify Propeller Networks, LLC | Oqobo for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Propeller Networks, LLC | Oqobo as a result of any such third-party claim, action, suit, or proceeding.
(b) Propeller Networks, LLC | Oqobo Indemnity. Propeller Networks, LLC | Oqobo will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Propeller Networks, LLC | Oqobo shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third-party claim, action, suit, or proceeding.
(c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
11. Limitation of Liability.
PROPELLER NETWORKS, LLC | OQOBO's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO PROPELLER NETWORKS, LLC | OQOBO DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. PROPELLER NETWORKS, LLC | OQOBO SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF PROPELLER NETWORKS, LLC | OQOBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, PROPELLER NETWORKS, LLC | OQOBO WOULD NOT ENTER INTO THIS AGREEMENT.