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Standard Hosting Contract
I. Description of ServicePlease refer to the Rate information page for the types of services available. Any contracts for hosting services provided by orbhost shall be made between orbhost and account holder or customer: hereafter referred to as Resident. orbhost provides a dedicated server(s) that are integrated into the Internet. After an account has been setup and any data has been uploaded to orbhost, then orbhost retains judgment as to what refund if any is applicable in the event of a cancellation of service. If an account is to be terminated it is critical to notify orbhost either by email, phone or fax, in a timely manner before the next billing date.
II. Acceptable Use and ContentThe Internet is a developing frontier of users interested in and willing to exchange information with others. There is no governing group on the Internet to see that the policies, principles and procedures, for use of the Internet are adhered to. Like any frontier there will be those who wish to abuse the rights of others. orbhost therefore wishes to define some operating guidelines for its residents. The definition of "abuse of the Internet" is left to the sole discretion of orbhost. Resident Accounts found to be abusing the Internet and its users will be terminated without warning or refund. orbhost has the right to change or modify the terms and conditions or rates and services at any time. These changes will be effective immediately upon electronic notice, and/or posting on the Internet or by written means. All use of orbhost services after such notice shall constitute acceptance of those same changes. Some examples of "abuse of the Internet" include but are not limited to:
Residents at orbhost will adhere to the generally accepted guidelines of the Internet, as far as restrictions on mass mailings&advertisements. Residents should also try to obtain a good working knowledge of the Internet and its operating principles and procedures. orbhost does not accept Warez (software piracy) sites. Residents will not violate the rights or privacy of other Internet users. Residents should recognize the fact that the Internet is a network for use by mature, adult users. The resident should therefore adhere, at all times, to common sense rules of courtesy and respect the interests of others. orbhost does not accept "adult" image download sites or pornography. Legal and Social issues keep us from accepting such material. orbhost will issue a warning and/or suspend your account if you are found to be in violation of this. In plain English "if in doubt find out" by contacting orbhost with your site content. Generally using common sense is all that is needed. Residents will not be allowed to use excessive CPU processing time. Examples are, but not limited to:
III. No Warrantiesorbhost provides no warranties or guarantee in relation to the features, performance or compatibility content,or otherwise, of any connected Internet service or host/computer connected to orbhost's Internet services. The resident account holder agrees to Indemnify orbhost and to hold it harmless from and against any loss,cost, expenses or liability arising from any claims, proceedings or demands relating to the content of the account holders (Usenet post,Email, Web Site) or any other use of orbhost's services. The account holder is individually responsible for his/her/their use of orbhost's services. In no event what so ever will orbhost be liable for any direct or indirect damages arising out of the use or inability to use orbhost's services offered here.
IV. Privacy Rightsorbhost's general policy is not to provide any information regarding Residents accounts, to anyone who cannot prove to orbhost's satisfaction that they are the account holder.
V. Services and Maintenanceorbhost will make every effort possible to insure that the above mentioned services remain in effect and functioning properly at all times. However, there may be situations beyond the control of orbhost that cause service outages. orbhost will do everything in its power to prevent such problems and to restore services in a timely manner. There will also be times when services need to be taken down for repairs, upgrades etc. Again these will be done in a timely manner. Also, orbhost will give a minimum of 24 hours notice before any scheduled outage of service.
VI. Invoices and Service FeesResidents shall pay the initial fees prior to commencement of services. Thereafter Residents will be invoiced either on a monthly or yearly basis, at least 15 days prior to the expiration of the current service contract. In the event that resident fails to pay for services in a timely manner then orbhost shall be entitled to unilaterally terminate this agreement and discontinue resident's service and the applicable account for which payment has not been received. The indemnification and limits of liability provisions shall survive any such termination. Upon payment of the charges due, orbhost may, at its sole discretion, re-institute service, at which time all terms and conditions of this contract shall continue in full force and effect. Additional fees, if applicable, will be billed at the end of each month,with payment due within fifteen (15) days thereafter. These fees are applicable for additional : disk space, data transfer, POP3/forwarding email accounts, etc. |
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