The OTG Group website is available for use under these Terms and Conditions. Use of this site constitutes acceptance of these terms and conditions. Please read these terms and conditions carefully. If you do not accept these terms and conditions, your use of this site is not authorized by the Association. This agreement applies to the use of any resources available through the OTG Group site, including message boards, published content, and secured material.
Use of Content
This site is copyright-protected. Unless otherwise stated, copyright or similar rights are reserved for all material presented on the site, including but not limited to audio and video clips, graphics and links. OTG Group authorizes you to view and download material from our site, provided the information is for your personal use. Unauthorized use of these materials may violate copyright laws. All copyright and other proprietary notices in the original material must be retained on any copy you make of the original material. You may not sell, distribute, or publish any content you obtain from this site without permission.
Rules of Conduct
You agree to use this website for lawful purposes only. You may not use this site to transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory. Content includes, but is in no way limited to, content that is viewable by others on the site, comments, and artwork.
Links to External Websites
The OTG Group website may have links to third-party external sites. OTG Group makes no representation whatsoever regarding the content of any other websites that may be accessed from this site. When linking to an external site, please understand that it is independent from www.otggroup.com, and we have no control over the content on that website. We do not endorse nor accept any responsibility for content or usage of any third-party links, nor do we guarantee the availability or accuracy of content on any site linking to our website. It is the user’s responsibility to check each site for its own privacy statement and terms and conditions of use.
OTG Group’s goal is for continuous access to the website. However, there may be times when the site is unavailable due to routine maintenance. Maintenance times are selected after identifying peak usage times to avoid the site being down during those periods. Limitations of Liability
OTG Group does not guarantee that service will be uninterrupted or error-free. Content is provided on an ‘as is,’ as-available basis. OTG Group does not guarantee that any file available for downloading is free of viruses or similar contamination or destructive features.
We collect IP addresses (the Internet address of a computer) to track use—individual users remain anonymous (except when logged in.) We analyze this data for trends and statistics about page viewing frequency and sequence to improve our site and the services we offer. We do not link your IP address to anything personally identifiable. Nevertheless, you should know that, if necessary, an IP address, including yours, can and will be used to identify anyone responsible for threatening the integrity or security of the site or our computer systems and information networks. Browser Specifications
You may have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you usually can modify your settings to decline them. Alternately, you may be able to modify your browser settings to notify you each time a cookie is tendered, allowing you to accept or decline cookies on an individual basis. If you choose to decline cookies, however, you may not have access to the full functionality of the OTG Group site, including the Member Center, the secured-access application.
Copyright and Other Intellectual Property
Any trademarks, logos, and service marks displayed on this site are the property of OTG Group. Any unauthorized use or misuse of these intellectual properties or unauthorized use of any contents of this site will be subject to all appropriate remedies, including appropriate legal action.
Please review this Terms and Conditions of Use document periodically, as we may update it from time to time.
BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
This Acceptable Use Policy (AUP) sets forth the principles that govern the use by customers of the Web-based products and services provided by OTG Group. This AUP is designed to help protect our customers, and the Internet community, from irresponsible, abusive or illegal activities.
This AUP identifies the actions that OTG Group considers to be Prohibited Actions (meaning those actions which create denial of access or impediment of service).
Prohibited Actions: General Terms and Conditions of Use
Unauthorized distribution of passwords and/or access codes is strictly prohibited.
Prohibited Actions: Impersonation/Forgery
Adding, removing, or modifying identifying network header information (aka "spoofing") in an effort to deceive or mislead.
Attempting to impersonate any person by using forged headers or other identifying information.
Prohibited Actions: Network unfriendly activity
Any activities which adversely affect the ability of other people or systems to use OTG Group services or the Internet are prohibited. This includes "denial of service" attacks against the OTG Group servers, network hosts or individual user.
Prohibited Actions: Commercial e-mail
Sending unsolicited commercial e-mail. Using an OTG Group e-mail or Website address to distribute commercial e-mail is prohibited.
Sending large volumes of unsolicited e-mail is prohibited.
Prohibited Actions: Access control and Authentication
Attempting to circumvent user authentication or security of any host, network, or account (aka "cracking") is strictly prohibited. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of OTG Group servers and networks.
Prohibited Actions: Port Scans, Spiders, Robots, or other types of programatic automation
Using any program/script/command, or sending messages of any kind, designed to interfere with a User’s session, by any means, locally or by the Internet is strictly prohibited.
OTG Group reserves the right to monitor Internet access to the OTG Group services by authorized User(s)/Licensee(s), as part of the normal course of its business practice. Should OTG Group discover User(s) engaged in Prohibited Actions as outlined above, which create denial of access or impediment of service, and which adversely affect OTG Group's ability to provide services, OTG Group reserves the right to temporarily suspend User/Licensee access to the OTG Group Host Server and/or Database. OTG Group shall make written/electronic notification to User or Licensee point of contact of any temporary suspension, and the cause thereof, as soon as reasonably possible. This temporary suspension will remain in effect until the Prohibited Actions have ceased.
Please review this Acceptable Use Policy document periodically, as we may update it from time to time.
This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of OTG Group, a Texas company (the "Company") doing business as OTG Group governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. The agreement provides the following policies in the best interests of the Company and the Company's clients. The Company retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers when adopted by Company and published at http://www.otggroup.com. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company's services and products, the Customer agrees to be bound by the terms herein outlined.
Questions or comments regarding this document should be forwarded to the Company at the following address:
Compliance with the Law
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of the Company (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless the Company from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.
Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
The storage and distribution of MP3 format files via the Company network is prohibited. Further examples of unacceptable content or links include adult content, pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.
Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.
Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of the Company's Services or Products.
General - System and Network
Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).
Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
Executing any form of network monitoring which will intercept data not intended for the Customer's server.
Circumventing user authentication or security of any host, network or account.
Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.
Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of the Company, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
Any action which the Company determines, in its own judgment, will reflect poorly on the Company or negatively impact its operations.
Any action which the Company deems to be an unacceptable use of resources, business practice or otherwise unacceptable to the Company.
Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.
Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of the Company's Services and Products.
Mail (Electronic Email)
Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("email spam").
Sending UCE referencing an email address for any domain or IP Address hosted by the Company;
Posting any type of advertisements on IM, IRC, ICQ, or any other public chat system containing an email address hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company;
The Company will be the sole arbiter as to what constitutes a violation of these provisions.
Harassment, whether through language, frequency or size of messages.
Unauthorized use, or forging, of mail header information.
Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
Use of unsolicited email originating from within the Company's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or connected via the Company's network.
Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
Bandwidth & Utilization
In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.
The Company provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:
Customer's site must use and store only the information and data that relates to the Website, at the IP address provided by the Company.
Customer may not resell or give away Web space under a domain name, nor may Customer build Websites that house "sub domain" Websites on behalf of other companies, groups or individuals. Customers who wish to resell the Company's Web space should utilize the Company's Partner Program;
Customer may not use Customer's Website to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its Website as a repository for file, data or "Warez group" download transfers. The Company reserves the right to make this determination, in its sole and absolute discretion;
The Company's "traffic" and "storage" offer is to provide the Company's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company's server and vice versa.
The storage and distribution of MP3 format files via the Company network is prohibited.
The Company does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in the Company's view are detrimental to the enjoyment of the Company services by the Company's other clients, or are in the sole and final judgment of the Company, detrimental to network or business operations.
The Company may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of the Company clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of the Company storage or traffic plans in any other way, will, at the discretion of the Company , have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of the Company.
The Company will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to a $300.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Websites which the Company must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources.
Acceptance of these Terms of Services, and/or use of Company's services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.
Terms and Termination
For the purposes of Section 5 of this agreement, the term "Thirty Day Guarantee Period" shall be defined as the period extending from the date a Customer signs up his or her first domain with the Company through the thirtieth (30) day following the initial signup of the first domain enrolled.
All cancellations must be received by the Company a minimum of five (5) days prior to the next billing date of the domain being cancelled.
If the Customer notifies the Company fewer than five (5) days before the next billing date of the domain being cancelled, the charges incurred as a result of that renewal will not be refunded.
Cancellations requested within the Thirty Day Guarantee Period are eligible for a full refund, less setup fees and add-on-service fees which are non-refundable. Cancellations requested outside the Thirty Day Guarantee Period are not eligible for a refund in part or in full.
In the event of cancellation by you, you must contact us in one of the following manners: via e-mail or mail, or you may call us, followed by written confirmation by you, properly addressed to and received by us within ten (10) days from the date of telephone cancellation. Notification of cancellation must be accompanied by the user's login name in order for a cancellation to be effectuated.
Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies
By submitting credit card information on the order form, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.
Customer will not receive a refund for any setup fees or any fees other than the monthly recurring hosting fees.
Customer will be charged a $35 domain reactivation fee for each site suspended due to a billing-related issue.
Customer shall pay the fees and other charges indicated for Products and Services ordered at time of order. Company reserves the right to change rates and features without notice; any changes in price or features will take effect upon renewal of the existing hosting account, immediately for new purchases.
Customer agrees that the Company reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discount.
The Company reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
The Company reserves the right to suspend network access to any subscriber if in the judgment of Company, the subscriber's account is the source or target of a violation of any of the terms of this Agreement, or for any other reason which Company deems necessary. If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
Non payment of any charges due from Customer;
Breach of any term or condition of this agreement by Customer;
Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names the Company as a party or seeks any recovery from the Company.
Payment for any charges is due at the time of signup and renewal respectively will be automatically billed to the customers credit card or agreed upon payment method. All payments must be in U.S. Dollars.
Customer agrees to pay billed amount according to service selection. IP address captured during signup process serves as legally binding indicator of agreement.
Customer agrees that free domain renewal is only applicable for hosting customers. Free domain renewals only apply to domains that are successfully transferred to OTG Group prior to their expiration date. OTG Group is not responsible for domain names that are not hosted on the OTG Group service, or not managed by OTG Group.
Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due the Company.
Indemnification of Provider/Relationship of Parties
Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's Website provided hereunder.
Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that the Company has no interaction with the data or substance of Customer's Website, except as necessary to maintain the Website.
Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.
Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.
Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.
Customer acknowledges that the Company cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that the Company does not supply technical support for Microsoft FrontPage, Microsoft ASP.NET, Joomla, PHP, and other software offerings other than initial configuration. The Company supplies technical support for Web hosting issues only. The Company shall be the sole arbiter as to what constitutes a "Web host" issue.
Any attempt to undermine or cause harm to the Company server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be.
The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
Refusal of Service
The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.
USE OF THE COMPANY'S SERVICES AND PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT THE COMPANY'S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER CAUSES.
THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER.
The Company reserves the right to revise or change these Terms of Service at any time.
This Agreement shall be governed in all respects under the laws of the State of Connecticut, United States of America, applicable to contracts made, accepted and performed wholly in Connecticut, without application to principles of conflict of laws, and the Customer and the Company agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Connecticut.
Please review this General Terms of Hosting Service document periodically, as we may update it from time to time.
Each of OTG Group's hosting plans (does not apply to other products and services) carries a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding mandatory setup fees and overages. However, setup Fees (if applicable) is NOT refundable.
Each of OTG Group's Marketing plans (does not apply to other products and services) carries a 30 day money back guarantee for our services but not for the traffic acquisition fees paid to Google\Bing\Facebook or other traffic provider. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding mandatory setup fees, traffic acquisition fees and overages. However, setup Fees (if applicable) are NOT refundable.
Each of OTG Group's Email plans (does not apply to other products and services) carries a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund of the contract amount excluding mandatory setup fees and overages. However, setup Fees (if applicable) is NOT refundable.
All cancellations should be placed by submitting a trouble ticket. If you are not able to do so, you will need to email us the following information for verification: primary domain name, primary subscribers name, billing address, and contact number.
The customer is responsible to ensure that all their billing details and payment information are up to date. In the event we are either unable to collect payment, bill your credit card/account on file, or you fail to utlize the electronic payment link provided with your invoice, your account will be suspended and eventually deleted. If you wish to reinstate your account before the account is deleted, you may do so by paying your account balance in full.
You may request a current electronic invoice at any time by sending email to [email protected] with your company name, full name, address, contact email address and phone number.
Payments are to be made via the PayPal link provided with the invoice or you may send a check or money order to the following address. Please do not send cash with your mail-in payment.
OTG Group Attention: Billing and Payment 1221 Autumn Mist Way Arlington TX 76005.
Please review this Refund and Billing Policy document periodically, as we may update it from time to time.
Companies/Individuals known going forward as subscribers are responsible for saving/archiving/purging email messages as deemed appropriate.
OTG Group does not maintain nor provide long-term email storage/archive facilities for subscriber email.
OTG Group does not take on the responsibility for nor recognize a subscriber unique "Email Retention Policy". Implementation and management of a specific "Email Retention Policy" by the subscriber is the sole responsibility of the subscriber to comply and enforce outside of the OTG Group Email Service.
For the purposes of OTG Group to maintain stability of servers and software only the current days inbox data is backed up. Data backed up is not inclusive and/or cumulative and is not maintained for the use by a subscriber to comply with their unique "Email Retention Policy".
Due to finite resources, OTG Group has the right to restrict the amount of user space on the email server as necessary. The subscriber takes full responsibility for the management of the 250 megabyte combined mail storage. NOTE: The 250 megabyte email storage is defined as the total of all individual email boxes for a particular subscriber's domain and/or sub-domains.
Companies/Individuals that utilize OTG Group email solutions are responsible for properly implementing an "Email Retention Policy" outside of the hosted OTG Group Email solutions.
Please review this Email Retention and Email Backup Policy document periodically, as we may update it from time to time.