General Terms and Conditions (AGB) / Terms of Use
Terms of use of ORC Webhosting
By signing up and/or using the services of IPS Inc (acting on this website as ORC Webhosting), hereinafter referred to as "ORC Webhosting", all customers agree to abide by ORC Webhosting's Terms of Service. The spirit of this policy is to ensure that our customers use ORC Webhosting's services with due regard for the rights of other Internet users and in accordance with the requirements of ORC Webhosting's network environment.
Illegal use
ORC Webhosting's servers may only be used for lawful purposes. The transmission, storage or dissemination of any information, data or material that violates any applicable law or regulation or that could directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to, copyrighted material, trademarks, trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of unauthorized content or links include: Pirated software, hacker programs or archives, warez sites, MP3s, and IRC bots.
Security
Violations of system or network security are prohibited. Examples include, but are not limited to: unauthorized access, use, inspection or scanning of security systems or authentication measures, data or traffic; disruption of service to any user, host or network, including, but not limited to, mail-bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forgery of TCP-IP packet headers or portions of header information in an email or newsgroup posting.
Server resources
Any website that uses a high amount of server resources (such as CPU utilization over 500, storage and network resources) will be charged additional fees (typically between $100 and $200/year, depending on the resources required) and/or will be required to upgrade their service. ORC Webhosting is the sole arbiter of what constitutes high server utilization.
Any web hosting account that negatively impacts server performance or network integrity will be disabled without prior notice.
Plan specifications
ORC Web Hosting reserves the right to add, discontinue or change plans once a year on January 1st or at any time with an email notification to the primary contact on your account. If your plan has been changed and you wish to cancel your contract as a result, contact us within 15 days (by January 16 or 15 days after receiving the plan change email) to close your account and receive a refund for the unused portion. For your convenience, we may set your plan to a higher disk space allocation to avoid website errors and lost emails, and automatically upgrade your plan and/or charge you for the additional space used. If you wish to decline this, please write to our helpdesk.
Service Level Agreement (SLA)
Our SLA can be found here: SLA. Any credits and/or refunds are limited to our SLA, which sets out the maximum compensation you will receive in all circumstances. Claims for an SLA credit must be made within 30 days of an outage. Under no circumstances will ORC Web Hosting be liable for claims in excess of the lesser of 1 month of service or the amount described in the SLA. You agree to indemnify and hold harmless ORC Webhosting and any affiliates and/or parties (for damages in excess of our SLA) for any problems, outages, loss of revenue and/or additional expenses incurred as a result of our service, including those caused by human error and/or gross negligence. Furthermore, you agree that all disputes between you and ORC Web Hosting, including its owners, operators and affiliates, will be handled by the Better Business Bureau (BBB), and you waive your right to go to court to represent or defend yourself or your business. Additionally, you waive your right to arbitration, legal action, lawsuits, including but not limited to class actions. Under no circumstances will you recover damages in excess of the total amount set forth in our SLA. All claims will be brought exclusively in DuPage County, Illinois, USA (or the nearest regional BBB for that area), and you waive any objection for inconvenience of venue. In the event that the BBB cannot or will not handle the matter, ORC Web Hosting shall be the sole arbiter of how much credit you receive.
User-level security - third-party scripts, passwords and account security
You, the customer, are responsible for maintaining the security of your account at the user level. This includes, but is not limited to, any software installed by you - including those installed using a script installer provided by us such as Fantastico and/or the cPanel Script Manager/Site Software - as well as third party scripts, chosen passwords and software you have requested ORC Web Hosting to install.
If you install third-party scripts, you are required to regularly check for security issues and update them as needed or as requested by ORC Web Hosting. ORC Webhosting reserves the right to disable any scripts that pose a potential security risk to your account or the server, or have not been updated as requested, and/or suspend your entire account. ORC Webhosting accepts no responsibility for any negative impact on other areas of your website caused by disabling one or more scripts.
ORC Webhosting reserves the right to install plugins if they are deemed to be security enhancing. These plugins include, but are not limited to, automatic update plugins that may override custom code changes and security scanner plugins. ORC Webhosting also reserves the right to disable and/or remove outdated, vulnerable, unsupported and/or abandoned plugins and/or themes. Addons (themes or plugins) that have not been updated within one year may be considered abandoned. In such a case, you must contact the developer to confirm that the addon is still being maintained and that there are no known security vulnerabilities.
It is your responsibility to choose strong passwords, change them regularly and manage passwords associated with your account appropriately. ORC Web Hosting reserves the right to change or disable insecure or outdated passwords. ORC Web Hosting also reserves the right to perform security audits on accounts to ensure server and network security. This may include, but is not limited to, vulnerability scans, penetration tests and password checks.
Payment Card Industry (PCI) - Compliance
Ordering hosting services from ORC Webhosting and/or passing a PCI scan means notthat you are PCI compliant. You, the customer, are responsible for ensuring that your website, server, database and software - if required - are secure and PCI compliant. We recommend that you engage an external, certified PCI QSA (Qualified Site Assessor) to verify that your website is fully PCI compliant.
If you are found to be non-compliant, you agree to indemnify and hold harmless ORC Webhosting, its partners, operators, employees, affiliates, the PCI scanner provider, and the seal provider from any fines or damages. Any PCI-related advice, guidance, opinions or recommendations provided by ORC Webhosting or any of the aforementioned parties are to be considered only as non-binding opinion and should be checked with a certified PCI QSA before implementation.
Mass e-mails, UCE (unsolicited commercial e-mails) - SPAM, e-mail limits
Any sending of mass e-mails is prohibited, regardless of whether they are spam, opt-in or double opt-in. If you wish to send mass e-mails, you must obtain prior approval by e-mail from the helpdesk. Any sending of emails that we classify as spam will result in your account being blocked immediately.
This includes sending via other servers to promote content or email addresses hosted on our servers. Forwarding of emails to large ISPs or providers such as Gmail, Yahoo or MSN is not permitted as these providers often automatically block or throttle the IP address forwarding the email. Such forwarding can be removed or deactivated by us.
ORC Webhosting is the sole arbiter of what constitutes a violation of our bulk email policy. ORC Webhosting also reserves the right to limit email sending - including, but not limited to, hourly limits. Contact our helpdesk to find out the email limit for your specific account.
Misuse of servers
Any attempts to undermine or harm a server or customer of ORC Webhosting are strictly prohibited.
Exceeding the data traffic (bandwidth overage)
For VPS servers, data traffic is billed as follows: 100 USD per additional Mbps used. The calculation is based on the following formula:
Additional fee × ((total bandwidth per month / 350) subtracted from your 95th percentile usage).
Example: Your plan allows 1400 GB of monthly bandwidth (approximately 4 Mbps on a 95th percentile scale), and you use 5 Mbps - in this case you would be charged for 1 Mbps bandwidth overage. Immediate payment may be required as well as prepayment for possible future overages.
Software distribution, file storage, large files and number of files (including e-mails)
ORC Webhosting's shared web hosting accounts are not intended for the distribution of software and/or multimedia products. In addition, your hosting account may not be used as storage space - e.g. to back up your home computer or to link files from other websites that are on your hosting account.
Large files over 500 MB are not permitted, with the exception of two backups created via the cPanel backup manager.
The maximum number of files/nodes is limited to 100,000.
Emails that are in the spam or trash folders on the server, as well as emails in the catch-all mailbox, can be deleted regularly. In addition, unread emails can be automatically removed after 90 days and read emails in the "cur" folder after 365 days.
Technical support
Technical support is not unlimited. ORC Webhosting reserves the right to limit support if it exceeds a reasonable level. ORC Webhosting is the sole decision maker as to what constitutes a "reasonable level".
If your account requires an above-average amount of support, this can be provided for an hourly fee. Our support is limited to the main domain of an account. For reseller accounts, you are responsible for supporting the child domains. We do not provide support for addon domains, except for their initial setup.
We reserve the right to delete an account and create a new, empty account if a technical problem arises that cannot be resolved easily and/or quickly.
"24×7 support" means that you can open a ticket with the helpdesk at any time - it does not mean that a member of staff is always available to provide an immediate response.
Miscellaneous
Any content that causes verifiable complaints from third parties directly to us is prohibited. ORC Webhosting is the sole arbiter of what constitutes a legitimate complaint.
This includes, but is not limited to, content containing sensitive personal data of individuals or organizations - including, but not limited to: Credit card numbers, social security numbers or driver's license numbers.
Erotic or pornographic content, including nudity, is prohibited.
ORC Webhosting is not responsible for any overdraft fees charged by your bank.
Websites with offshore banking are prohibited.
Any content relating to terrorist groups or their partners is also prohibited.
Affiliate program (recommendations)
Every referred customer must stay with ORC Webhosting for at least 45 days in order for a commission to be paid out.
All payments are made via PayPal or as credit, unless otherwise agreed.
The program applies exclusively to new customers.
Payment
Payments are automatically debited from the credit card we have on file.
If the credit card or payment method on file is no longer valid, you must provide us with new payment information within five days.
Unpaid accounts may be excluded from the service.
Payments that are more than 30 days overdue may be subject to late fees.
Termination
All hosting plans are automatic, recurring subscription cycles.
To cancel, please complete the online cancellation form, which you can find at the following address in the customer portal. You will receive a confirmation number within 3 working days.
Accounts canceled after the 30-day money-back guarantee expires are subject to a $50 termination fee. The prorated refund is based on the monthly billing amount.
Domain registrations and other services such as SSL certificates are not refundable.
A notice period of 1 month is required for dedicated servers and VPS servers.
The 30-day money-back guarantee only applies to new orders of shared hosting plans, not to renewals.
Annual or longer renewals canceled within the first 30 days are subject to a $20 cancellation fee.
Cancellations by e-mail or in the form of a chargeback will not be accepted.
The term Chargeback also includes uncovered or stopped checks.
Refunds via a chargeback are excluded.
If you initiate a chargeback, you will be required to pay an administrative fee equal to the chargeback amount plus an additional $35 per chargeback and any collection and/or legal fees.
Refusal of service
IPS Inc. reserves the right to refuse or discontinue service to anyone for any reason or for no reason at the end of the current billing period, including, without limitation, in the event of a violation of these Terms of Service (TOS).
Hate speech, vulgar and offensive language
Hate speech, including any derogatory text or content towards certain ethnic groups, religions, nationalities, genders, sexual orientations, gender identities or people with disabilities, is prohibited and will result in immediate suspension or termination of your account.
The use of vulgar or offensive language towards our support team or our partners and suppliers is also not permitted and may result in the immediate termination of your account.
Copyright infringements
The Digital Millennium Copyright Act (DMCA) sets forth the requirements for a valid notice of copyright infringement.
If you wish to notify ORC Web Hosting of copyright infringement, the DMCA requires the following:
Send your message to the assigned contact person at ORC Webhosting. You can use one of the following three methods:
- By e-mail to: abuse@orcwebhosting.com
Your message must contain the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner ("Claimant").
- The identification of the copyrighted work that is alleged to have been infringed.
- The exact nature of the infringing material and sufficient information to assist ORC Webhosting in locating the infringing material.
- The name, address and telephone number of the claimant.
- A statement of good faith that the use of the material is not authorized by the copyright owner or its agent.
- A sworn statement that the information in the notification is accurate and that the claimant is authorized to act on behalf of the copyright owner.
Measures taken by ORC Webhosting
If a customer violates or fails to comply with any of the above terms of use, this may result in the account being deactivated.
ORC Webhosting is the sole decision-maker, which is a violation of the terms of use.
As soon as ORC Webhosting is informed of a suspected violation, an investigation will be initiated.
During this investigation, the access of the affected customer can be restricted to prevent further potentially unauthorized activities.
Depending on the severity of the violation, ORC Webhosting may, at its own discretion, restrict, temporarily suspend or permanently terminate access.
If it is a criminal offense, ORC Webhosting will inform the relevant authorities.
Credits or refunds will not be granted if the deactivation of an account is due to a breach of the Terms of Use.
Domain registration and renewal
Domains registered via ORC Webhosting can be renewed at any time before the expiration date for a period of up to 10 years.
Although we usually notify you by e-mail before expiry, it is your responsibility to keep an eye on the expiration date of your domain.
If you do not renew your domain in time, it may be converted into a pay-per-click site.
This page can contain any text, images and links selected by the parent registrar of ORC Webhosting.
By registering a domain through ORC Webhosting, you agree that such content may be displayed if you do not renew the domain in due time.
In addition, you are subject to the guidelines, decisions and measures of the higher-level registrar at all times - both during the valid term and when renewing.
An expired domain registration can lead to the loss of the domain or to additional restoration costs.
We therefore recommend that you renew your domain at least 3 months before it expires.
Upgrades
ORC Webhosting carries out regular and/or necessary upgrades of its servers.
These upgrades serve, among other things, to close security gaps in open source software and prevent unclean code that could pose a risk.
Upgrades are not always announced in advance.
ORC Webhosting assumes no responsibility for negative effects, incompatibilities, delivery errors, non-deliveries or data loss that may result from an upgrade.
Backups, provision of services & indemnification
Customers of ORC Webhosting agree to indemnify and hold ORC Webhosting harmless from any and all claims arising from the use of our services that may cause damage to themselves or third parties.
ORC Webhosting's services are provided "as is" and "subject to availability" - without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement, unless otherwise specified in the Service Level Agreement (SLA).
Although we make reasonable efforts to provide regular backups, our backups are not guaranteed.
As the customer, you are responsible for backing up your files, databases, e-mails, etc.
ORC Webhosting is not liable for loss of data, incorrect delivery, non-delivery or interruptions to the service.
ORC Webhosting expressly disclaims any representation or warranty that the service will be error-free, secure or uninterrupted.
Oral advice or written information provided by ORC Web Hosting, its employees, licensors or other representatives does not constitute a warranty - and you may not rely on it.
Neither ORC Webhosting nor its partners or suppliers shall be liable for any costs or damages arising directly or indirectly from any use of or transaction with the Service.
If ORC Webhosting is sued or threatened with legal action by a third party as a result of your use of the Services, you agree to pay all costs incurred.
This means that you will reimburse ORC Webhosting not only for any payments made to satisfy a judgment or settle a case, but also for reasonable attorneys' fees and other defense costs.
In addition, you agree to indemnify and hold ORC Webhosting harmless against claims by customers, partners, employees or other parties related to you, unless they have a paid account with ORC Webhosting.
Changes to the terms of use
ORC Web Hosting reserves the right to add, delete or modify provisions of these Terms of Service once a year on January 1st and/or at any time with prior notice via email to the primary contact on file for your account.
You agree to visit this page on January 1 of each year and upon receipt of an email regarding a TOS change to keep yourself informed of the changes.
If you wish to cancel your account due to a change, contact us within 15 days (i.e. by January 16 or 15 days after receiving the change email) to close your account and receive a refund of the unused portion.
The updated Terms of Use replace all previous versions and all other documents or agreements.
If any provision of these TOS is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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