Content
All services provided by Orcas Online, Inc.. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Orcas Online, Inc.., from any claims resulting from the subscriber’s use of Orcas Online’s services which damages the subscriber or any other party.
Note: Pornography and sex-related merchandising are prohibited on any Orcas Online, Inc.. account. This includes sites that may imply sexual content or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Orcas Online servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of prohibited content or links include (but are not limited to):
- IRC Software
- Pirated software
- Hacking sites, programs or archives
- Warez Sites
- Distribution of music files or any other material in which the account holder does not own the copyright.
- Adult Sites
- Game Servers (dedicated game server programs)
Orcas Online, Inc.. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.
Housing of any of the following files is considered a violation of the terms of service:
IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited. Also, any program that acts like an IRC server or that provide chat functions that run as background processes is not allowed.
Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.
PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.
Commercial Advertising – Email –
- High volume email deployments of any type are not permitted with any Orcas Online account.
- Spamming, i.e. the sending of unsolicited email, from any Orcas Online server or any server located on the Orcas Online network is STRICTLY prohibited. Orcas Online will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Orcas Online.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Orcas Online customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Orcas Online, Inc..-hosted domain, or referencing any Orcas Online account, is prohibited.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited.
- Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
Advertising & Promotions Limitations
In the following scenarios Orcas Online clients are prohibited from advertising, promoting or making claims related to services which are hosted by Orcas Online. This limitation includes what is allowed to be stated on your website, to customers, in promotions, and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Orcas Online.
- Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services.
- Any illegal or unlawful activity
- Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities.
ShoutCast Servers – We do not allow Shoutcast Servers in our Shared Hosting packages due to bandwidth and load issues.
Background Running Programs – We ask that users request permission before enabling persistent background processes of substantial load.
PHP Shell – PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.
Server Abuse – Any attempts to undermine or cause harm to a Orcas Online server or subscriber of Orcas Online is strictly prohibited including, but not limited to:
- Logging into a server or account that you are not authorized to access
- Accessing data or taking any action to obtain services not intended for you or your use
- Attempting to probe, scan or test the vulnerability of any system, subsystem or network
- Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System
- Interfering with, intercepting or expropriating any system, data or information
- Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system
You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Orcas Online, Inc.. and all dedicated servers must adhere to the above policies.
Password Security and Account Authorization
Orcas Online provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Orcas Online will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.
Technical Support
Orcas Online’s technical support is strictly limited to the direct customers of Orcas Online
provided on Best Effort Support.
Scheduled Maintenance and Downtime
Orcas Online will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Orcas Online’s control or which are not reasonably foreseeable by Orcas Online, Inc.luding the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Orcas Online will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Orcas Online has no responsibility for downtime resulting from a user’s actions.
Refunds
Refunds will be posted for FULL months only. Notice of cancellation must be given before the month in question begins.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened. Any violation of Orcas Online, Inc..’s Terms of Service Agreement shall result in no refund.
Promotional Use
Orcas Online may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Orcas Online may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Orcas Online website. This reference will be strictly limited to disclosure that Orcas Online has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Orcas Online. However, Orcas Online may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.
Any work or professional services performed or provided by Orcas Online under this Agreement shall not be deemed “Work For Hire”, but Orcas Online shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Orcas Online.
Limitations on Use
Any account using 15% or more of the server CPU or memory can be suspended and/or terminated.
Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
Background Processes. Unauthorized background processes shall result in immediate termination of the account. Orcas Online maintains the right to cancel accounts at its discretion.
Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.
Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Orcas Online, Inc..
Returned Check Fee and Credit Card Charge Backs A returned check penalty fee of $25 will be charged to any customer’s account for any check dishonored by their financial institution. This fee will be waived if the check was returned in error, provided that supporting documentation is submitted. The returned check and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has written two or more returned checks, check cashing privileges will be revoked. If a returned check was used to pay for more than one customer’s account, each account will be assessed the $25 returned check fee. Payments made by a returned check are reversed from the customer account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via money order or wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.
EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, Orcas Online reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $50 in order to re-enable your account.
ORCAS ONLINE’S REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to Orcas Online in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Orcas Online shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Orcas Online all Fees and other amounts due and owing for Services provided through and including the effective date of termination.
Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via email sent to info@orcasonline.com (email subject to valid proof of account ownership). Orcas Online is not able to schedule cancellation requests. Customer is responsible for any fees incurred for Services to customer if no formal cancellation request is submitted.
Domain Name Transfers: Orcas Online shall not be held responsible for domain transfers. The account holder is responsible for completing any necessary domain name transfers.
Free Domain Name Registration: During posted promotional periods, Orcas Online will register any available .com, .org, or .net domain for free upon creation of a new account. The free domain offer does not apply to existing accounts, or to orders that did not request the free domain registration at the time the order was placed. The free domain is only limited to traditional top level domains (TLD) such as .com, .net, .org, .edu. An additional fee will apply for non common top level domains.
Free registration is for the first year only, subsequent renewals are $25 per year that the domain is renewed for.
Payments Relating to Domain Name Renewal
All invoice payments are due one week before the domain renewal deadline and will be accepted without penalty up until the renewal deadline. Orcas Web may provide clients with a grace period of up to two weeks after the deadline in which a client may make a payment to renew their domain before it is marked for deletion. Additional fees may apply for renewals made during the grace period. There is no guaranteed grace period as each registry has different rules regarding grace periods and domain redemption allowances.
After the grace period Orcas Web clients may be permitted a redemption period that will permit them to renew their domain; additional fees and conditions apply to any renewals made during the redemption period. A redemption period is not guaranteed to any client. Orcas Web is not responsible for any lost digital property that results from delinquent renewal payments.
Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Orcas Online, Inc.. is not responsible for lost data or for lost data due to third party software that is not maintained by Orcas Online, Inc.. programming staff. (Cpanel is not associated with Orcas Online, Inc..)
Limitation of Damages or Liability
EXCEPT AS DESCRIBED IN THE SLA, ORCAS ONLINE, INC. SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. ORCAS ONLINE, INC.. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF ORCAS ONLINE, INC. AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, ORCAS ONLINE, INC. PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND ORCAS ONLINE, INC. SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FOREGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.
General
Terms Of Service are subject to change without any prior notification.
These Terms of Service are a legally binding contract between the subscriber and Orcas Online, Inc..
By opening an account, the subscriber agrees to the above-stated terms.
Anything not listed in the Terms of Service is open to interpretation and change by Orcas Online, Inc.. administrators without prior notice.
All prices are nonrefundable and nonnegotiable.
Any violation of these Terms of Service will result in termination of the account. Orcas Online, Inc.. maintains the right to terminate accounts without prior notification.
We reserve the right to remove any account with 15 days prior notice.
Dispute Resolution
Any dispute between Orcas Online and a subscriber shall be determined by arbitration. The arbitrator shall decide any dispute in accordance with Washington law, without the application of choice of law principles. Each party shall bear its own expenses and legal fees for the arbitration. The arbitration shall be conducted in San Juan County, Washington, unless both parties agree in writing to a different location. The arbitration award is enforceable as a judgment of any court having proper jurisdiction.
