Terms and Conditions
The use of services from orlandowebservices.com [hereafter referred to as "Orlando Web
Services"]
constitutes agreement to these terms. You may view our
Privacy Policy here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our
payment partner(s) have screened the order(s) in case of fraud. It is your
responsibility to provide us with an email address which is not @ the domain(s)
you are signing up under. If there is ever an abuse issue or we need to contact
you, the primary email address on file will be used for this purpose. It is your
responsibility to ensure the email address on file is current or up to date at
all times. Providing false contact information of any kind may result in the
termination of your account. In dedicated server purchases or high risk
transactions, it will be necessary to provide government issued identification
and possibly a scan of the credit card used for the purchase. If you fail to
meet these requirements, the order may be considered fraudulent in nature and be
denied.
Transfers
Our transfers team will make every effort to help you move your site to us.
However, transfers are provided as a courtesy service, and we can not make
guarantees regarding the availability, possibility, or time required to complete
an account transfer. Each hosting company is configured differently, and some
hosting platforms save data in an incompatible or proprietary format, which may
make it extremely difficult if not impossible to migrate some or all account
data. We will try our best, but in some cases we may be unable to assist you in
a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date.
Transfers outside of the 30 day free period will incur a charge; please contact
a member of the transfers department with specific details to receive a price
quote.
2.) Content
All services provided by Orlando Web Services may only be used for lawful purposes. The
laws of the State of New York and the United States of America apply.
The customer agrees to indemnify and hold harmless Orlando Web Services from any
claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying of music,
books, photographs, or any other copyrighted work. The offer of sale of any
counterfeit merchandise of a trademark holder will result in the immediate
termination of your account. Any account found to be in violation of anothers
copyright will be expeditiously removed, or access to the material disabled. Any
account found to be in repeated violation of copyright laws will be suspended
and/or terminated from our hosting. If you believe that your copyright or
trademark is being infringed upon, please contact us
with the information required. If the request is
of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted,
with the exception of one cPanel backup of the same account. Please do not take
backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
- Topsites
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,
Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate
permit(s)
- Prime Banks Programs
- Lottery Sites
- MUDs/RPGs/PPBGs
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal
content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org
& escrow-fraud.com)
- Mailer Pro
Examples of unacceptable material on all Dedicated servers include:
- IRCD (irc servers)
- IRC Scripts/Bots
- Pirated Software/Warez
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/spam Scripts
- Escrow
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange,
Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate
permit(s)
- Prime Banks Programs
- Lottery Sites
- Hateful/Racist/Harassment oriented sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal
content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org
& escrow-fraud.com)
- Mailer Pro
Orlando Web Services services, including all related equipment, networks and network
devices are provided only for authorized customer use. Orlando Web Services systems may
be monitored for all lawful purposes, including to ensure that use is
authorized, for management of the system, to facilitate protection against
unauthorized access, and to verify security procedures, survivability, and
operational security. During monitoring, information may be examined, recorded,
copied and used for authorized purposes. Use of Orlando Web Services system(s)
constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene, threatening, illegal, or violates our terms of service in
any manner may be removed from our servers (or otherwise disabled), with or
without notice.
Failure to respond to email from our abuse department within 48 hours may
result in the suspension or termination of your services. All abuse issues must
be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please
contact us at abuse@ows.net and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to
child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will
be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you
may terminate the account. We will further monitor your activity; more than one
infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set properly,
regardless of installation method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as user name and password. It is required that
you use a secure password. If a weak password is used, your account may be
suspended until you agree to use a more secure password. Audits may be done to
prevent weak passwords from being used. If an audit is performed, and your
password is found to be weak, we will notify you and allow time for you to
change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk
emailing, and spam. "Safe lists" and purchased lists will be treated as spam.
Any user who sends out spam will have their account terminated with or without
notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax, email, instant
messaging, or usenet/newsgroups. No organization or entity listed in the
ROKSO may be hosted on
our servers. Any account which results in our IP space being blacklisted will be
immediately suspended and/or terminated.
Orlando Web Services reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply with
its established policies, or to make any such modifications in an emergency at
its sole discretion.
Orlando Web Services reserves the right to charge the holder of the account used to
send any unsolicited e-mail a clean up fee or any charges incurred for blacklist
removal. This cost of the clean up fee is entirely at the discretion of
Orlando Web Services.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Orlando Web Services, in advance of the time period during which such services are
provided. You agree that until and unless you notify Orlando Web Services of your
desire to cancel any or all services received, those services will be billed on
a recurring basis.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Orlando Web Services is not responsible for files and/or data
residing on your account. You agree to take full responsibility for files and
data transferred and to maintain all appropriate backup of files and data stored
any server your files reside on.
6.) Cancellations and Refunds
Orlando Web Services reserves the right to cancel your account at any time with or
without notice.
Any abuse of our staff in any medium or format will result in the
suspension or termination of your services.
Customers may cancel at any time.
Orlando Web Services gives you an unconditional 45 day money back guarantee on
managed shared hosting, and reseller solutions for any customer who paid the
first invoice with a credit card or PayPal.
The following methods of payments are non-refundable, and refunds will be
posted as credit to the hosting account:
There are no refunds on dedicated servers, administrative fees, install fees
for custom software, or domain name purchases. Refund requests for shared and
reseller accounts after the initial 45 days will be refunded on a prorated basis
of any unused time.
Only first-time accounts are eligible for a refund. For example, if you've
had an account with us before, canceled and signed up again, you will not be
eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7. Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are
numerous activities that could cause such problems; these include: CGI scripts,
FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the
server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on
shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal
torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942,
etc
h) Run cron entries with intervals of less than 15 minutes When using PHP
include functions for including a local file, include the local file rather than
the URL. Instead of include("http://yourdomain.com/include.php") use
include("include.php")
7b.) INODES
The use of more than 250,000 inodes on any shared account may potentially result
in a warning first, and if no action is taken future suspension. Accounts found
to be exceeding the 50,000 inode limit will automatically be removed from our
backup system to avoid over-usage. Every file (a webpage, image file, email,
etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended;
however, accounts that constantly create and delete large numbers of files on a
regular basis, have hundreds of thousands of files, or cause file system damage
may be flagged for review and/or suspension. The primary cause of excessive
inodes seems to be due to users leaving their catchall address enabled, but
never checking their primary account mailbox. Over time, tens of thousands of
messages (or more) build up, eventually pushing the account past our inode
limit. To disable your default mailbox, login to cPanel and choose "Mail", then
"Default Address", "Set Default Address", and then type in: :fail: No such user
here.
7c.) Backup Limit
Any shared account using more than 20 gigs of disk space will be removed from
our off site weekly backup with the the exception of Databases continuing to be
backed up. All data will continue to be mirrored to a secondary drive which
helps protect against data loss in the event of a drive failure.
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and collocation no full refund will be honored -- the 45
day money back guarantee does not apply. We reserve the right to refund a
prorated amount or no refund at all.
Each of Orlando Web Services's managed shared and reseller servers carry a 45 day
unconditional money back guarantee on them. If you are not completely satisfied
with our services within the first 45 days of your service, you will be given a
full refund of the contract amount. Remember, this is only for monthly shared or
reseller packages and does not apply to dedicated servers, administrative fees,
install fees for custom software, or domain name purchases.
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the
99.9% uptime you may receive one month of credit on your account. Approval of
the credit is at the discretion of Orlando Web Services dependant upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server is defined as the
reported uptime from the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services. To request a
credit, please contact sales@ows.net with justification. All requests
must be made in writing via email. Uptime guarantees only apply to shared /
reseller solutions. Dedicated servers are covered by a network guarantee in
which the credit is prorated for the amount of time the server is down which is
not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Orlando Web Services does not
provide support to our Reseller's Clients. If a reseller's client contacts us,
we reserve the right to place the client account on hold until the reseller can
assume their responsibility for their client. All support requests must be made
by the reseller on their clients' behalf for security purposes. Resellers are
also responsible for all content stored or transmitted under their reseller
account and the actions of their clients'. Orlando Web Services will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to
resell hosting you must use a reseller account. Semi-dedicated servers are not
backed up. You must maintain your own backups.
12.) Dedicated Servers
Orlando Web Services reserves the right to reset the password on a dedicated
server if the password on file is not current so that we may do security audits
as required by our datacenter. It is the responsibility of the client to ensure
that there is a valid email address and current root password on file for their
dedicated server on file to prevent downtime from forced password resets.
Orlando Web Services reserves the right to audit servers as needed and to
perform administrative actions at the request of our datacenter. Dedicated
servers are NOT backed up by us and it is the responsibility of the client to
maintain backups or have a solution for this. You may purchase an additional
hard drive and maintain backups to it as the most simple solution.
13.) Price Changes
We
reserve the right to change prices listed on OrlandoWebServices.com, and the right to
increase the amount of resources given to plans at any time.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time
customers* only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have signed up using a
particular domain, you may not resign up for that domain using another coupon at
a later date. Any account found in violation of these policies will be reviewed
by our sales department and the appropriate invoices will be added to the
account. Coupon abuse will not be tolerated and may result in the suspension or
termination of the account.
15a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Orlando Web
Services
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Orlando Web Services, its agents,
its customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by customer,
its agents, employees or assigns. Customer agrees to defend, indemnify and hold
harmless Orlando Web Services against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed in
connection with Orlando Web Services; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to customers from
Orlando Web Services's server.
15b.) Arbitration By using any Orlando Web Services services, you
agree to submit to binding arbitration. If any disputes or claims arise against
Orlando Web Services or its subsidiaries, such disputes will be handled by an
arbitrator of Orlando Web Services's choice. An arbitrator from the American
Arbitration Association or the National Arbitration Forum will be selected in
the state of Texas. Arbitrators shall be attorneys or retired judges and shall
be selected pursuant to the applicable rules. All decisions rendered by the
arbitrator will be binding and final. The arbitrator's award is final and
binding on all parties. The Federal Arbitration Act, and not any state
arbitration law, governs all arbitration under this Arbitration Clause. You are
also responsible for any and all costs related to such arbitration.
16.) Disclaimer
Orlando Web Services shall not be responsible for any damages your business may suffer.
Orlando Web Services makes no warranties of any kind, expressed or implied for services
we provide. Orlando Web Services disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays, no
deliveries, wrong delivery, and any and all service interruptions caused by
Orlando Web Services and its employees.
17.) Disclosure to law enforcement
Orlando Web Services may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon lawful
request from such agencies. We will cooperate fully with law enforcement
agencies.
18.) Non-Payment of Services
All invoice payments are due on the "Due Date" specified on the invoice that
is emailed to you.
- Orlando Web Services reserves the right to charge a late payment
fee for any accounts that are 30 days past due. A fee of 1.5% per month or 18%
annually will be charges until the account is paid in full or otherwise in
good standing.
- Orlando Web Services reserves the right to charge a collection fee
for any accounts put into collection due to non-payment.
- Orlando Web Services reserves the right to terminate services due
to non-payment at its discretion.
19.) Access to Data
Orlando Web Services reserves the right to restrict access to your account(s) or
data until all outstanding invoices are paid in full. Including those to
freelance developers, designers or any other third party providers.
20.) Changes to the TOS
Orlando Web Services reserves the right to revise its policies at any time without
notice.
Information on this page is valid and in effect as of
3/18/2010.
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