1- Parties
This agreement is between Orion Web Hosting. (oriondomains.com) (PROVIDER) and the
party as specified in the on-line application (CLIENT). Hosting services may
also be provided by a company associated with Orion Web Hosting.
2- Usage policy
We reserve the right to suspend or cancel a customer's access to any or all
services we provided when we decide that the account has been inappropriately
used. In short we do not allow certain activities hosted on our servers:
- No adult content (No Pornography)
- No online gambling
- No Spam, No unsolicited e-mailing
- No Warez, cracks, copyright infringement
3-Server abuse
Any attempt to undermine or cause harm to a server, or customer, of ours is
strictly prohibited.
4- Unauthorized use of other people's accounts or computers
We will strongly react to any use or attempted use of an Internet account or
computer without the owner's authorization. Such attempts include "internet
scamming" (tricking other people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a customer, whether or not the
attacked account or computer belongs to us, will result in action against the
attacker. Possible actions include warnings, account suspension or cancellation,
and civil or criminal legal action, depending on the seriousness of the attack.
5- Abuse of Unlimited Traffic and/or Unlimited Storage
If one of our hosting plans offers unlimited traffic and/or unlimited storage
for the client web sites, the intention is to provide a large space to serve web
documents, not an offsite storage area for electronic files. All of your web
pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our
server. Web sites that are found to contain either/or no html documents, a large
number of unlinked files are subject to warning, suspension or cancellation at
the discretion of our management. To maintain the integrity of our service the
following limitations apply to such hosting plans:
- Sites with Banners, graphics or cgi scripts running from their domain used on
other domain
- Sites with picture galleries (This is any site where 50% of the files
transferred is graphics)
- Sites offering download files or archives. (This is any site where more than 50%
of the monthly traffic is from file downloads)
If you do not qualify for the unlimited service, traffic will go unmonitored
until you reach 2GB per month. Thereafter, extra data transfer cost will be applicable.
We will be the sole arbiter as to what constitutes a violation of this provision
6- Commercial advertisements with e-mail
Unsolicited commercial advertisements are not allowed in e-mail, and will likely
result in account suspension or cancellation.
Commercial advertisements are unwelcome in most Usenet discussion groups and on
most e-mail mailing lists. Inappropriate posting may result in account
suspension or cancellation. See the newsgroup or mailing list's charter for
whether advertising is allowed or not. "Spamming," or sending a message to many
different off-topic newsgroups, is particularly unethical and will be treated as
such.
Sending a message, especially an advertisement, to more than five or six
recipients, is by itself spamming unless the individuals have specifically
requested to be added to a mailing list on that topic. E-mail is a
person-to-person medium, not a broadcast medium.
7- Background Running Programs
In addition to these CLIENT agrees not to run any kind of 'server applications'.
Every program/script that opens a port on the shared hosting server is
considered a 'server application'. These include but are not limited to IRC
servers, IRC proxies, IRC bots.CLIENT understands that the services are subject
to immediate termination without compensation for non-compliance with the
policies. Further, CLIENT will be responsible for the full amount of any
tangible and intangible damages this may cause. PROVIDER reserves the right to
change the policies from time to time to reflect the dynamic nature of the
Internet. Both policies are available on-line any time or as a hard copy by
request only.
8- Payment Policies
All accounts are set up on a pre-pay basis. Setup fees may be charged for all
new accounts and major account changes. All pricing is guaranteed for the term
of pre-payment. We reserves the right to change prices at any time. Any account
not brought current within a week (7 days) of e-mail notice or exceeding this
time frame in any way is subject to suspension. The customer is responsible for
all money owed on the account from the time it was established to the time that
the customer notifies us in writing for a request for termination of services.
Credit card information is stored on file and will be auto-billed on the due
date of the account. Email notification will be sent to you prior to your
hosting renewal date.
9- Cancellation
We reserve the right to cancel service at any time. All fees paid in advance of
cancellation will be pro-rated and paid by us if we institute our right of
cancellation. Any violation of policies which results in extra costs will be
billed to the customer (i.e. transfer, space etc.)
Please visit our refund policy page to read more.
10-Lawful Purpose
We reserve the right to refuse service to anyone. Customers may only use our
servers for lawful purpose. Transmission of any material in violation of any
Federal, provincila or Local regulation is prohibited. This includes, but is not
limited to copyrighted material, material legally judged to be threatening or
obscene, and material protected by trade secrets. We expressly forbid anyone
from using servers for the propagation, distribution, housing, processing,
storing, or otherwise handling in any way lewd, obscene, or pornographic
material, or any other material which we deem to be objectionable, including,
but not limited to, pornography, satanic materials, and any and all materials of
an adult nature. The designation of any materials as such described above is
left entirely to the discretion of our management.
11- Governing Law.
These terms and conditions will be governed by and construed in accordance with the UAE governing law,
and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of jurisdiction.
12- LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER
WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE SERVICES, EXCEPT TO THE
LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION
OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S)
PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS
OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (F) EVENTS BEYOND THE CONTROL OF THE PRIMARY SERVICE PROVIDER OR
BACKEND SERVICE PROVIDER; (G) THE PROCESSING OF YOUR APPLICATION FOR THE
SERVICES; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT NEITHER THE
PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER WILL BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER OR NOT EITHER THE
PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY
OF EITHER THE PRIMARY SERVICE PROVIDER OR THE BACKEND SERVICE PROVIDER EXCEED
THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO
EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, THE LIABILITY OF THE PRIMARY SERVICE PROVIDER AND/OR
BACKEND SERVICE PROVIDER SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
13- INDEMNIFICATION
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND
BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS,
DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES,
INCLUDING ATTORNEY'S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO
YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY
INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR
FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE
PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A
SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS
AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER
MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD
SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS
PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS
OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A
BREACH OF THIS AGREEMENT BY YOU.
You agree that the Backend Service Provider shall not be liable for the actions,
inactions, negligence, or intentional misconduct of the Primary Service
Provider. You acknowledge and agree that neither the Primary Service Provider
nor the Backend Service Provider are agents for one another.Customer agrees that
it shall defend, indemnify, save and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable attorney's fees
asserted against us, our agents, our 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, it's agents, employees or assigns. Customer
agrees to defend, indemnify and hold us harmless against liabilities arising out
of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with our servers; (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
customer from our servers.
14-DISCLAIMER OF WARRANTIES
NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY
REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE PRIMARY
SERVICE PROVIDER OR BACKEND SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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