Terms of Use

 

Introduction

We are happy to reconfirm *Free Installation of our software. Installation can vary dramatically owing to the many different ways hosts configure servers. It may be necessary for your particular host to make further reconfigurations before OSS can be accommodated.

We know you are anxious to see Omni Site Security (OSS) up and running and we appreciate your indulgence during the installation phase.

Please also be advised of the following

*Free Installation means that your domain host is currently able to accommodate our software without special effort. A majority of installations are trouble-free. In some instances we may need to write a special script to accommodate your host’s configurations, and/or, special consultation may be required between and/or among you, your domain host and our programmer.

A fee of $150.00 U.S. per hour may apply in the instances but can be waived at our discretion, depending on the complexity of the problem.

Item 7, “Money Back Guarantee,” defines our Refund policy.

Licensing is contingent upon filing your URL with us. You will receive an email requesting this information shortly after purchase.

Licensing Agreement

This is a Licensing Agreement between you, the end user of software, and Omni Site Security, s.r.o. (hereinafter referred to as “OSS”). Please read the following carefully. In purchasing OSS Secure you agree to be bound by the terms and conditions of this Agreement.

If you do not agree with the said terms and conditions, you should immediately stop using this software. You may get a refund of the licensing fee paid within 30 days from the date the product was purchased; however:

a. In advance of the refund you must advise us of the URL(s) on which the software is installed and allow us access to that server as proof that the software has been deleted;
b. If applicable, return all parts that were included in the product package and destroy all copies of the said version of the software, and finally,
c. We are happy to customize your copy of OSS to accommodate certain unique preferences you may have. At our discretion we may waive charges for this service. However, you understand and agree that once your copy of the original software has been customized you may only be refunded on the software — not the customization. You agree that this applies even if you choose to ask for a refund before the customization has been uploaded to your server. You agree that a customization becomes non-refundable immediately upon your remittance of payment for it. You agree that an agent of OSS and only an agent of OSS may upload files to your OSS Directory which you have ordered us to create.
d. In addition to our Terms of Use, a “contract” for customization defines the specific work to be done and the due date for delivery of the customization. This “contract” may consist of live chat communications and/or email communications between the contracting parties, each of which bears a time and date stamps. A final email communication is composed which defines the specific emails and live chats — by time and date stamp — whose content and no other will constitute the full “Description” of the work to be completed, together with the delivery date the customization is due. Do not render a payment until you have received this “contract” as it clearly and fully describes the work you are to receive.
e. Modification of any existing “contract” is allowed but may be authorized only by a member of management. Such modification must be agreed-to in an email from us, to you, and must bear a heading within the body of the email, at the top, which clearly states: “NOTICE OF ACCEPTED MODIFICATION TO CUSTOMIZATION”. No other heading is authorized. No modification is valid in the absence of this “NOTIFICATION OF ACCEPTED MODIFICATION TO CUSTOMIZATION” from us. A charge may or may not be assessed for modifications to the original “contract.” If a charge is assessed, the charge for the modification is payable in advance and in non-refundable.

1. Grant

Omni Site Security (OSS), subject to the terms and conditions of this Licensing Agreement, hereby grants you a non-exclusive, non-transferable right and license during the term of this Agreement to use the OSS software for as long as you abide by the provisions stipulated herein. The term of your license is based on the amount of the licensing fee paid based on the then-current price listings of OSS. The software may include functionality that will render it inoperable upon expiration of your license.

2. Copyright

The software specified in this Licensing Agreement is the sole property of OSS. It is subject to copyright and as such is protected to the fullest extent allowable under law.

3. Use Limitations

below). You may not use the software in any way which threatens or violates the owner’s copyright. This includes the making of copies, reproducing, modifying, de-compiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way. All rights not expressly granted are reserved. Any copy of the software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the software.

4. Transferability

This license is granted to you only, and as such, does not permit you to sell, lend, assign, lease or transfer in any other way any copy of the software. Any transfer in violation of this provision is not permitted and may cause your license to be terminated with no refund of the licensing fee paid. You further agree that you will not alter, cause to be altered, nor allow any other user of your copy of the software to alter, the software in any way that does not meet with our approval. If you are in doubt about this you should contact us.

5. Licensing

A single license allows the purchaser to use the software on a single domain. Please contact us for details on procuring multiple license rights. Extended Licensing is available. The Holder of this type of license (MDR, or Multiple Domain Rights) is allowed limited extended use of the software (up to 3 domains with Deluxe and 10 domains with Deluxe Plus); however, the individual in whose name the license is registered represents himself or herself to be the sole and duly registered owner of the domains on which MDR is claimed.Please contact us for further clarification as may be required and/or for still further clarification of Multiple Domain Rights.

Under no circumstances may owners, operators, clients, webmasters, customers or any others with access to your license allow the software to be duplicated or used or shared by other than the individual for whom the software was purchased.

Please note that MDR does not equate to multiple domain support. Issues arising from domains on a license is being used under MDR do not qualify for support; that is, only the principle domain on which the license has been literally installed qualifies for support. However, we are happy to render a free estimate on supporting your MDR domains.

6. Recurring Billing

The recurring billing feature appears in some models of the software. Among other capabilities, this features enables the owner and other allowed and authorized administrators of the software to store credit card and other critical and sensitive data on the OSS side of the software, Protection of this data is not warranted by the Omni Site Security (OSS) software. You acknowledge through the act of purchasing the software that you exonerate OSS, TSS Enterprise, its owners, staff, programmers, management, agents and employees from any occurrence that may result from any who gain access or use this data in any manner whatsoever, whether by legal or illegal means. Absolute, preventable accessibility to this software is neither warranted nor intimated.

7. Limited Warranty

OSS guarantees that the software will correspond in general terms to the description given in the user documentation for 30 days from the date the product was purchased. OSS does not warrant that the software or customized scripts will operate without interruptions, detect viruses or be bug-free. The warranty stated above is the only warranty given and supercedes all other warranties, regardless of whether expressed or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 30-day warranty period, the liability of OSS is limited to replacing the product or refunding you in full the amount you paid for licensing. A “DESCRIPTION” must accompany any scripting or customization requested. DESCRIPTIONS must contain all work to be done. DESCRIPTION becomes the sole document which applies to development and/or delivery of the script or customization. All scripting and customizations are warranted for a full year from date of delivery; however, support is automatically extended with renewal of our support package. Customizations, alterations, modifications or changes of any kind whatsoever to the OSS software by any but currently employed OSS agents automatically void the OSS warranty.

8. Money back guarantee

In case the software does not meet your requirements or does not suit you for any other reason, you may return it to OSS within 30 days (less the number of days you had the software on Free Trial, if this applies) of the date of its purchase for a refund of the licensing fee, no questions asked. To be eligible to a refund, all copies of the software stored on your hard disk or otherwise archived must be destroyed, the software must be uninstalled, and the original package must be returned (if appropriate). You also agree that we retain the right to withhold refund until we are able to access your server to confirm that the software has been removed.

Terminating a license will cause the software to be blocked, preventing subsequent use. Modifications made to our softwares at your request are not included in the selling price. They are calculated separately (currently, at $120.00 U.S. per hour), payable in advance, and are a non-refundable labor charge, even if you decide not to keep the software. Refunds are issued on the 15th of each month. Additionally, should we waive charges for scripting and you refund once this procedure has been initiated, the cost to us in hours to that point will be deducted at the rate of $120 per hour from the refund amount that would otherwise be due to you.

9. Confidentiality

Communications from us to you are intended only for you. You may not disseminate, distribute or copy such communications or any attachment thereto, all of which are privileged and confidential. Additionally, if you are not the intended recipient of a communication from us, you understand and agree that any use, dissemination, distribution, or copying such communications or any attachment is also strictly prohibited. In such event, please contact us immediately and delete all copies of this communication and any attachment.

10. Limitation of Liability

In no event shall OSS nor any OSS partner be liable for any consequential or special damages or lost profits, including, without limitation, consequential or special damages for work stoppage or loss of work product data resulting from the use of this software, even if OSS has been advised of the possibility of such damages or losses. By your purchase you agree that OSS’s liability for damages caused by the use or inability to use this software is governed by the Business Codes of the United States of America. In case you suffer any damages for which OSS is liable to compensate you or in cases where the jurisdiction of a specific country does not permit limiting liability as far as compensation for damages, the contracting parties have agreed that a conventional fine in the amount of the license fee paid for the software will be assessed by you. This fine is inclusive of any and all compensation for damages caused. The software is not designed for high-risk applications including situations where the failure of such software would threaten lives or cause extensive material damages. Such applications include but are not limited to operating parts of nuclear power plants, weapon systems, equipment designed for sustaining people’s basic bodily functions, etc.

10. Responsibility for Software Updates

In order to ensure that the software functions properly, OSS may publish updates to this software on its web pages. These updates may improve the workings of the software and remove any bugs. The user is responsible for requesting upgrades to assure that the software provides the highest level of functional reliability.

Because the architecture of third party software solutions — such as Joomla and PayPal — may be modified by their creators from time to time, reconfiguration of the corresponding OSS plugin is an inevitability. This modification is not covered under our regular support renewal program. Please ask for an estimate if you wish to have us retool a plugin to accommodate changes in your merchant or other software solution.

11. Programming Department Personnel

You agree not to contact our employees, agents, programmers, technicians or any member other than management by any means except as allowed through our company. If an exception to this policy is made, you agree to ask permission to make such contact in writing to management each time you wish to make such contact. You further agree that you will refuse any attempt by to be contacted by any these same employees, agents, programmers, technicians, etc.

12. Governing Law, Arbitration Clause

This Agreement shall be governed by the laws of the United States of America, excluding conflicts of laws principles. All disputes arising under this Agreement or in connection therewith will be adjudicated in Austin, Travis, Texas, by the appropriate court(s). The contracting parties agree to comply with the decision of the arbitration court in the time specified.

We are happy to answer any questions with regard to our Terms and Conditions or EULA. Please contact us. We reserve the right to update our Terms of Use without prior notification. You agree to allow the content of any and all communications in your Omni Help Desk (OHD) Ticket Support System account to be shared with any third parties as may be required in resolving payment or other issues/disputes.