Terms & Conditions
Acceptable Use Policy (AUP)
Here forward, Orion's Web Hosting refers to both Orion's Web Hosting and Orion's Web. This Orion's Web Hosting Acceptable Use Policy ("AUP") describes the proper kinds of conduct and prohibited uses of Orion's Web Hosting's hosting services (the "Services"). This AUP is not exhaustive and Orion's Web Hosting reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.owhosting.com. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as Orion's Web Hosting deems appropriate.
Server Abuse
- Any attempt to undermine or cause harm to a server, or client, of Orion's Web Hosting is strictly prohibited.
Unauthorized use of other people's accounts or computers Orion's Web Hosting 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 Orion's Web Hosting client, whether or not the attacked account or computer belongs to Orion's Web Hosting, 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.
IMPORTANT NOTE - Orion's Web Hosting has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined below.
Clients may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Orion's Web Hosting to be unacceptable use of Orion's Web Hosting's services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material that exploits children under 18 years of age.
Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Abuse of Traffic
Orion's Web Hosting's clients are privileged to be offered non-limited traffic for their websites. The intention of Orion's Web Hosting is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Orion's Web Hosting's server. websites 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 Orion's Web Hosting management. Any client who violates Orion's Web Hosting's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
To maintain the integrity of our shared hosting service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred are graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
For those that do not qualify for the non-limited service, traffic will be monitored until a consistent overage is determined at which point the client will be notified and arrangements made to enhance their account. Thereafter, normal data transfer cost of $25.00/GB/month will be billed to your account.
You will receive a notice detailing your bandwidth usage.
You will have 7 days to contact Orion's Web Hosting to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.
Orion's Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
Orion's Web Hosting takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account 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.
Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a website hosted by or through Orion's Web Hosting (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Penalty:
When spam has been detected on our network we have to hire a specialist to comb through our servers to locate the specific domain, script, person who is spamming. This $150 per hour cost will be directly billed to the offending website owner, reseller.
Depending on the severity of your SPAMMING, Orion's Web Hosting reserves the right to levied a fine of $1.00 - $100.00 PER SPAM sent through our network. Your website content will also be confiscated and it will be NEVER returned to you.
CGI / PHP Scripts
Each shared web hosting account comes with its own cgi-bin and php enabled, in which you are free to use any* scripts you wish except for .exe files. The client takes full responsibility to ensure that any scripts used contain no known security exploits. The client retains 100% liability to maintain and update any and all scripts used in their hosting space including the updating of any and all scripts (with regard to security exploits) within 48hours of an update becoming available. Should any script on a clients domain result in any server being compromised, the client will be liable for any fees incurred by Orion's Web Hosting or Orion's Web to repair, and recover any sites / services on the server in question.
Server Resource Abuse
(This section does not apply to managed dedicated or colocation servers.) Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Child Pornography
Our policy on child pornography is zero tolerance. Orion's Web Hosting will cooperate fully with any criminal investigation into a client's violation of the Child Protection Act of 1984 concerning child pornography. clients are ultimately responsible for the actions of their clients over the Orion's Web Hosting network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Chat Rooms
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Orion's Web Hosting Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of Mail Server
We do not allow clients to send more than 1000 pieces of e-mail per day from a shared hosting account. If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1000 per day your account will be charged $75.00/month in addition to your regular hosting charges.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
IRC
We currently do not allow IRC IRC clients or IRC bots to be operated on any of our servers. In addition, IRC servers are not permitted on our network. Anyone found to be in violation of this policy risks immediate account termination.
Excessive Use/Overages
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, Orion's Web Hosting may, in its sole discretion, assess you with additional charges. If Orion's Web Hosting elects to take any corrective action, Orion's Web Hosting will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $25.00/GB/month. Disk space overages are currently billed at $1.00/MB/month. Email attachments overages are currently billed at $0.50 per email over the limit.
Payment Policies
Hosting
All accounts are set up on a pre-pay basis. Setup fees may be charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Orion's Web Hosting reserves the right to change prices at any time, unless other terms have been agreed upon.
Late Payment
A late payment charge of $5 will be levied on all invoices past due. A 5 day grace period is allotted for invoices 'Due upon Receipt'.
An additional fee of $25.00 may be charged if administration and/or account processing activities have occurred due to non-payment of full amount owed.
Accounts are automatically deactivated 48hours after due date. A re-activation charge of $25.00 is levied on all deactivated accounts.
Any payment greater than 7 days overdue the account will be subject to deletion. Should your account have reached the stage of deletion a $200 charge to have the site re-set-up from our backups is applicable.
Credit Card accounts are subject to login deactivation upon the card declining. If your credit card declines for any reason Orion's Web Hosting will charge your account an additional $1.00 service charge every time your card is declined.
The client is responsible for all money owed on the account from the time it was established to the time that the client notifies Orion's Web Hosting in writing to request for termination of services.
All payment is in the currency initially invoiced, or in case of a discrepancy the currency as stated in the formal written quote. This does not include any service fees, service charges or penalties.
Orion's Web Hosting will bill each client $50.00 per returned check, per wire transfer received and per credit card charge back received.
All Orion's Web Hosting accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the accounts department at accounts@orionsweb.net at least 30 days in advance, should you wish to change your anniversary billing cycle.
Orion's Web Hosting accepts paper cheques from Canadian clients for annual payment of web hosting services and fees associated with your account.
Cancellation
Orion's Web Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation may be pro-rated and paid by Orion's Web Hosting if Orion's Web Hosting institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the client (i.e. transfer, space etc.)
Clients have the right to cancel their accounts at any time. Clients are required to provide 30 days notice for all cancellations, and their account must be paid up. Notification must be made in writing a minimum of 30 days prior to the renewal date so as to reach us and ensure a stop order can be placed and no accounting or administration expenses are incurred. Cancellations made less than 30 days before renewal or after a renewal date, will incure a $50 administration fee.
You must delete all files from the domain in question and transfer the domain name. Your letter of intent to cancel must be received at: Orion's Web Hosting - Cancellations, 30 Stevens Cr, Halton Hills, ON L7G 1B6. Cancellations are processed from the receipt of the letter of intent.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, Orion's Web Hosting is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, Orion's Web Hosting will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Orion's Web Hosting under this Agreement.
IP Address Overlap
Orion's Web Hosting administers the network on which client servers reside. The client cannot use IP addresses which were not assigned to them by Orion's Web Hosting staff. Any server found using IP's which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on Orion's Web Hosting's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Orion's Web Hosting. Orion's Web Hosting will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Orion's Web Hosting may reject this material. Orion's Web Hosting will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Orion's Web Hosting's requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your website. You must have the necessary knowledge to create and maintain a website. Orion's Web Hosting does not provide this knowledge or client support outside of the Services.
It is the responsibility of the client to maintain up-to-date backups of all website files and databases.
Intellectual Property Rights
Material accessible to you through Orion's Web Hosting's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Orion's Web Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Orion's Web Hosting network. If you use a domain name in connection with Orion's Web Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Clients may not use the Orion's Web Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the client, logging into a server or account the client is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. clients may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Orion's Web Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Orion's Web Hosting will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Orion's Web Hosting or any of its other clients.
Electronic Commerce
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any client orders, and for handling any client inquiries or complaints arising there from.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to Orion's Web Hosting a license to cache the entirety of your website, including content supplied by third parties, hosted by Orion's Web Hosting under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
Orion's Web Hosting shall maintain and control lease/ownership of all IP numbers and addresses that may be assigned to you by Orion's Web Hosting and Orion's Web Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Client agrees to pay Orion's Web Hosting prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Orion's Web Hosting price schedule for the initial registration of the domain name and, should client choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if client's domain name registration is suspended, cancelled or transferred prior to the end of client's then current registration term. Orion's Web Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. client's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed client's registration in an email from Orion's Web Hosting to the email address indicated in client's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Orion's Web Hosting) in connection with the payments of the registration fee for client's domain name registration, client agrees and acknowledges that the domain name registration shall be transferred to Orion's Web Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Orion's Web Hosting will reinstate client's domain name registration solely at Orion's Web Hosting's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Orion's Web Hosting system or website should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING Orion's Web Hosting THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER INTERNATIONAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent:
Orion's Web Hosting,
Copyright Infringement
30 Stevens Cr
Georgetown, ON L7G 1B6
PH: 416-988-8049
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
5. Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Lawful Purpose
Orion's Web Hosting reserves the right to refuse service to anyone. clients may only use Orion's Web Hosting server for lawful purpose. Transmission of any material in violation of any Federal, State 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. The designation of any materials as such described above is left entirely to the discretion of Orion's Web Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. client further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Tarrant County Courts. IN NO EVENT SHALL Orion's Web Hosting'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
Indemnification
CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Orion's Web Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Orion's Web Hosting, ITS AGENTS, ITS CLIENTS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CLIENTS, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Orion's Web Hosting AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Orion's Web Hosting'S SERVER; (2) ANY MATERIAL SUPPLIED BY CLIENT INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO client FROM Orion's Web Hosting'S SERVER.
Disclaimer
Orion's Web Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Orion's Web Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Orion's Web Hosting DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Orion's Web Hosting AND ITS EMPLOYEES. Orion's Web Hosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF Orion's Web Hosting MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
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