Terms of Service
It is the client’s responsibility to keep omOriginals LLC notified of any changes to your eMail address or contact information to assure that clients receive all such notices from omOriginals. Billing and contact information can be updated at https://secure.omtools.com/billing/. Payment Policy Monthly Hosting Payments: Hosting begins upon ordering an omTools site. Monthly payments may be made by credit card only. Your credit card will be billed each month for the membership you select. Your first payment may include a set-up fee, as indicated in the registration process. Each month, we will automatically bill your payment to the credit card you provide.
Payments: Members are responsible for keeping credit card information up to date. omOriginals reserves the right to suspend an account and its Web Site if, for any reason, we are not able to process payment through the credit card provided by the client (e.g., card has expired, account number has changed). After 15 days a A 5% late fee will be charged to your account. Late fees will continued to be assessed until account is made current. You can review and correct information through the “Update Billing Info” link in the Members Area.
Refund and Cancellation Policy
You are free to cancel your service at any time. All fees including, but not limited to set-up, processing, design, consultation, and hosting (monthly or annual) fees are non-refundable. Terms and conditions, our Terms of Service, product offerings and pricing are subject to change at any time.
Suspension of Web Site Policy
A site will automatically be suspended after 14 days without a payment. The client may choose to place their web site into “suspension mode” at any time. This will result in a reduction in hosting fees to $10/month, payable via credit card on file. The web site will not be accessible during this time, but all content will be preserved. A place holder page will be activated until further notice from the client. A reinstatement fee of $5 will be charged to the credit card on file once we receive instruction to un-suspend their web site.
omOriginals will NOT disclose to ANY parties ANY information contained in your Registration Data or related data, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms.
omOriginals Service & Content
omOriginals makes no guarantee as to the availability of or access to (i) its Web site, (ii) any client website or other website, information or material hosted by omOriginals, or (iii) the products and/or services available on or through any of the above. omOriginals is not responsible for the content of any Web page hosted on omTools.com or other sites hosted by omOriginals, and the opinions and views expressed in the Web pages hosted by omOriginals do not necessarily reflect those of omOriginals. The contents of the Web pages hosted by omOriginals are not monitored or reviewed in any way before they appear online. omOriginals services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, or libelous, promotes gambling, or is in any way a violation of intellectual property laws. No material may be published on Web pages hosted by omOriginals that would commonly be considered “indecent” or “appealing to the prurient interest” also commonly referred to as “adult” material, nor will any links to such Web sites be tolerated within the Web pages hosted by omOriginals.
Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as “spam” from our servers, or sending such e-mail with an omOriginals-hosted Web site listed as the contact address, or any use of omOriginals’ services or systems associated in any way with such mailings is strictly forbidden. omOriginals will immediately terminate, without any warning, the account of any Member who conducts these activities. omOriginals also reserves the right to remove clients who send mass/spam news postings, as well as any accounts advertising or distributing software or services that may contribute to news or e-mail spamming. omOriginals reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations, including, but not limited to, UUNet and Navisite. omOriginals prohibits all scripts that automatically update a links listing and are submitted to by automated programs, either by design or by use. Use of these scripts is grounds for termination of your omOriginals account without any prior notice.
It is a violation of these Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in omOriginals’ sole discretion. Further, omOriginals shall report, and you shall waive all rights to privacy, to the extent permitted by law, all such misuses and fraudulent uses as determined by omOriginals in its sole discretion to appropriate government authorities, credit reporting services, financial institutions and credit card companies.
omOriginals and Affiliates shall not have any obligation to refund payments made by Members terminated for violating these Terms. omOriginals reserves the right to terminate in its sole discretion any Member’s Web site because of the traffic or bandwidth requirement of such Web site exceeds the limitations for Bandwidth usage set forth below or in the event such websites usage creates other operational or technological problems.
Intellectual Property Infringement
It is omOriginals’ policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. omOriginals will terminate all Members and users who are repeat infringers of intellectual property laws.
Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, omOriginals will act expeditiously to remove or disable access to any material claimed to be a copyright infringement.
YOU AGREE THAT ALL ACCESS AND USE OF OM ORIGINALS AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL OM ORIGINALS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE (i) OM ORIGINALS AND/OR ITS CONTENT, (ii) ANY TOOLS OR SERVICES ON OMORIGINALS.COM AND.OR OMTOOLS.COM, (iii) ANY MEMBER WEBSITE OR ANY CONTENT ON SUCH WEBSITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE “UP” OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OM ORIGINALS.