One Step Cloud Terms and Conditions

Introduction

The text below details the Acceptable Use Policy (AUP) for use of services provided by OneStepCloud by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by OneStepCloud.

All Customers of OneStepCloud are required to be familiar and comply with this policy. Use of OneStepCloud services in any form constitutes acceptance of this Acceptable Use Policy.

This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy. The effective date of this Acceptable Use Policy is the date of acceptance by the Customer of services from OneStepCloud, and they shall remain in effect until Customer terminates his/her account or OneStepCloud cancels Customer’s account. Continued use of OneStepCloud services constitutes agreement to this Policy and any modifications to this AUP thereof.

Provision of Services

♦ OneStepCloud will provide services on its host computing systems to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.

♦ OneStepCloud services are defined as the use by the account holder of computing, telecommunications, software, and information services provided by OneStepCloud. These services also include the provision of access to computing, telecommunications, software, and information services provided by others using the Internet.

♦ OneStepCloud includes access to the entire Internet community. Some of the Internet based material and discussions contain language or pictures about subjects intended for adult audiences. Account holders less than 18 years old must have a parent or legal guardian agree in writing on the registration form to these conditions to indicate acceptance, and the parent or legal guardian agrees to be responsible for payment of the account.

♦ OneStepCloud exercises no control whatsoever over the content of the information passing through. OneStepCloud makes no warranties of any kind, whether expressed or implied, for the service it is providing. OneStepCloud also disclaims any warranty of merchantability or fitness for a particular purpose. OneStepCloud is not responsible for any damage you suffer. This includes loss of data resulting from delays, non-­‐deliveries, missed-­‐deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained using OneStepCloud services is at your own risk. OneStepCloud specifically denies any responsibility for the accuracy or quality of information obtained through its services.

♦ OneStepCloud will publish a notice of fee increases 30 days before such increases take effect.

♦ The service starting date is the day on which OneStepCloud activates the account. The set-­‐up fees and first month fee, as outlined in the OneStepCloud Registration Form, are refundable if the account holder cancels within 7 calendar days of the service starting date.

♦ Account holder understands that the service period extends for 1 month and is automatically renewed unless terminated by the account holder or by OneStepCloud. OneStepCloud reserves the right to change its fees at any time, but must inform the account holder in writing at least 30 days prior to the new rate. Fee changes take effect at the time of renewal. OneStepCloud reserves the right to terminate any account in violation of any term of this policy.

Use of Materials

Public Domain materials (for example, images, text, and programs) may be downloaded or uploaded using OneStepCloud services. Account holders may also redistribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.

♦ As provided by United States federal law and by international treaties, copyrighted materials (for example, images, text, and programs) cannot be uploaded using OneStepCloud services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright cannot be distributed to others. Copyrighted material cannot be changed nor can the author attribution notices nor the copyright notices be modified.

Use of Services

♦ The account holder agrees to maintain a secure password to the account. Secure passwords are those that are between “6 and 8” characters long, contain upper and lower case letters and numbers or other characters, and cannot be found in direct or reverse order in a dictionary, without regard to the language of the dictionary.

♦ The account holder agrees to use the services provided by OneStepCloud as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

♦ The account holder agrees not to use any process, program, or tool using OneStepCloud services for guessing the passwords of account holders on this or other systems. The account holder agrees not to use the services to make unauthorized attempts to access the systems and networks of others.

♦ OneStepCloud and connecting networks can be used by account holders to conduct legal businesses. These businesses should, however, not impinge upon the use of OneStepCloud services by other account holders.

♦ Sending unsolicited bulk email is considered SPAM and is unlawful. The sending of any form of unsolicited bulk email through OneStepCloud services is prohibited. Likewise, the sending of SPAM from another service provider advertising a web site, email address or utilizing any resource hosted by OneStepCloud, is prohibited. OneStepCloud accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

♦ Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by OneStepCloud customers must be Closed-­‐loop (“”Confirmed Opt-­‐in””). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any OneStepCloud hosted domain, or referencing any OneStepCloud account, is prohibited. “

♦ Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send SPAM, initiation of pinging, flooding, mail-­‐bombing, denial of service attacks is strictly prohibited. “

♦ Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

♦ Customer may not attempt to gain access to any account or computer resource not belonging to that user (e.g., “”cracking””).

♦ Customer may not obtain or attempt to obtain service by any means or device with intent to avoid payment.

♦ Customer cannot initiate unauthorized access, alteration, destruction, or any attempt thereof, of any information of any OneStepCloud customers or end-users by any means or device.

♦ Customer is prohibited to knowingly engage in any activities designed to harass, or that will cause a denial-­‐of-­‐service (e.g., synchronized number sequence attacks) to any other user whether on the OneStepCloud network or on another provider’s network.

♦ Account holder cannot use their Internet account to harass or abuse other members of the Internet community or for any unlawful purpose.

Indemnification

♦ The account holder acknowledges that OneStepCloud makes an honest effort to keep the information available on OneStepCloud systems accurate. However, OneStepCloud can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through OneStepCloud is at the risk of the account holder.

♦ The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. OneStepCloud has no ability or authority over the material. OneStepCloud can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through OneStepCloud services is at the risk of the account holder.

♦ The account holder agrees to indemnify and hold OneStepCloud harmless from any claims, including attorney’s fees, resulting from the account holder receiving OneStepCloud services which cause direct or indirect damage to another party.

♦ OneStepCloud is not responsible for any materials stored on their hosts systems.

Abuse of Services

♦ Any use of OneStepCloud system resources that disrupts the normal use of the system for other OneStepCloud customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to such things as spawning dozens of processes and consuming excessive amounts of memory or CPU for long periods of time.

♦ Depending on the nature and the severity of the abuse, the user may receive an email warning or the user’s account may be suspended by OneStepCloud Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with OneStepCloud Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified can appeal to the Operations Manager.

♦ Violations of any of this AUP are unethical and can be criminal offenses. You are expected to report to OneStepCloud any information you may have concerning instances in which the AUP has been or are being violated. When OneStepCloud becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, OneStepCloud can suspend access to services to the individual account in question. Confirmation of violations can result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a reconnection charge.

General:

♦ Copyright. All images, text, programs, and other materials found in the www.OneStepCloud.com web site is protected by United States copyright laws. Any commercial use of images, text, programs or other materials found within the said web sites is strictly prohibited without the express written consent of OneStepCloud.

♦ Trademarks. The names, logos, and taglines identifying OneStepCloud products and services are proprietary marks of OneStepCloud or its subsidiaries. All other trademarks and service marks are the property of their respective owners.

♦ Content Submission. Certain areas of the OneStepCloud Web Site allow for the exchange of information between the customer and OneStepCloud. Any submission by the customer becomes the property of OneStepCloud, and the customer implicitly grants OneStepCloud the authority and right to use that content in accordance with OneStepCloud corporate privacy policies. “

♦ Customer Responsibility. The customer assumes all responsibility for use of the OneStepCloud Web Site. The customer waives all claims against OneStepCloud, its officers, directors, employees, suppliers and programmers that may arise from the utilization of the OneStepCloud Web Site. Each OneStepCloud customer is responsible for the activities of its users and, by accepting service from OneStepCloud, is agreeing to ensure that its customers/representatives or end-­‐users abide by this Policy. Complaints about customers/representatives or end-­‐users of a OneStepCloud customer will be forwarded to the OneStepCloud customer’s primary contact for action.

♦ Accuracy of Information. While all reasonable attempts are made to ensure the accuracy of information, neither OneStepCloud, nor its information contributors can be held responsible by customer for the accuracy of the information found in the OneStepCloud Web Site. OneStepCloud makes no expressed or implied warranty as to the accuracy or merchantability of content or programming.

Applicability:

The AUP cannot be superseded by any verbal agreements of OneStepCloud employees or customers.

Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.