OrbitSpace.com TERMS OF SERVICE AGREEMENT
This Terms of Service Agreement (TOS) is a formal
and legally binding agreement between
OrbitSpace.com (we, Company) and You, the service
user (you, Subscriber). Use of our service
constitutes acceptance and agreement to the TOS in
full.
Contents:
I) Purpose and Overview of the TOS
II) Specific Violations of the TOS
III) Security
IV) Network Performance
V) Payment Policy
VI) General Operations
VII) Violation Reporting
VIII) Violation Procedures
X) Miscellaneous Provisions
I)
PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our Subscribers and
users a clear understanding of what we expect of
them while using our services. All users of our
services including those who access our services
but do not have accounts, as well as those who pay
a service fee to subscribe to the services, must
comply with our TOS.
We support the uncensored flow of information and
ideas over the Internet and do not actively
monitor subscriber activity under normal circumstances.
Similarly, we do not exercise editorial
control over the content of any website, e-mail
transmission, newsgroups, or other material created
or accessible over or through the services, except
for certain proprietary websites. However, in accordance
with our TOS, we may remove any materials that,
in our sole discretion, may be illegal, may subject
us to liability, or which may violate the TOS. We
may cooperate with legal authorities and/or third
parties in the investigation of any suspected or
alleged crime or civil wrongdoing.
Your violation of the TOS may result in the suspension
or immediate termination of your account
without prior notice.
The following are guidelines for the establishment
and enforcement of the TOS:
-Ensure
reliable service to our customers
-Ensure security and privacy of our systems and
network, as well as the networks and systems of
-others
-Comply with existing laws
-Maintain our reputation as a responsible service
provider
-Encourage responsible use of the Internet and discourage
activities which reduce the usability and value
of Internet services
-Preserve the value of Internet resources as a conduit
for free expression and exchange of
information
-Preserve the privacy and security of individual
users
While we are committed to the principles of free
speech, certain activities that may be damaging
to the resources of both us and the Internet and
cannot be permitted under the guise of free speech.
The resources of us and the Internet are limited,
and abuse of these resources by one user has a negative
impact on the entire community.
We do not routinely monitor the activity of accounts
except for measurements of system utilization and
the preparation of billing records. However, in
our efforts to promote good citizenship within the
Internet community, we will respond appropriately
if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve the right to
terminate your service without notice. We prefer
to
advise Subscribers of inappropriate behavior and
any necessary corrective action, however, flagrant
violations of the TOS will result in immediate termination
of service. Our failure to enforce this policy,
for whatever reason, shall not be construed as a
waiver of our right to do so at any time.
II)
SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to commit any
of the following specific violation of the TOS.
The following constitute specific violations of
the TOS:
Illegal use: Our services may not be used for illegal
purposes, or in support of illegal activities.
We reserve the right to cooperate with legal authorities
and/or injured third parties in the
investigation of any suspected crime or civil wrongdoing.
If anything is not legal in the United
States of America, it is not permitted to reside
on our servers. If illegal content or usage is
found, the account will be suspended and/or terminated.
Subscriber agrees that the Company may disclose
any and all subscriber information including assigned
IP numbers, account history, account use, etc. to
any law enforcement agent who makes a written request
without further consent or notification to the Subscriber.
Harm to minors: Use of our service to harm, or attempt
to harm, minors in any way, including, but
not limited to child pornography is prohibited.
Violation of this policy will result in immediate
termination of your service and a report will be
made to law enforcement authorities.
Threats: Use of our service to transmit any material
(by e-mail, uploading, posting or otherwise)
that threatens or encourages bodily harm or destruction
of property is prohibited.
Harassment: Use of our service to transmit any material
(by e-mail, uploading, posting or otherwise) that
harasses another is prohibited. Fraudulent activity:
Use of our service to make fraudulent offers to
sell or buy products, items, or services, or to
advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and "chain
letters" is prohibited This also includes any
knowing misrepresentation or misleading statement,
writing or activity made with the intent that the
person receiving it will act upon it.
Forgery or impersonation: Adding, removing or modifying
identifying network header information in an effort
to deceive or mislead is prohibited. Attempting
to impersonate any person by using forged headers
or other identifying information is prohibited.
Forging any message header, in part or whole, of
any electronic transmission, originating or passing
through our service is in violation of the TOS.
The use of anonymous remailers or nicknames does
not constitute impersonation. Unsolicited commercial
e-mail/Unsolicited bulk e-mail (SPAM): Use of our
service to transmit any unsolicited commercial or
unsolicited bulk e-mail is expressly prohibited.
Violation of this SPAM policy will result in severe
penalties. Upon notification of an alleged violation
of our SPAM policy, we will initiate an investigation.
During the investigation, we may restrict Subscriber
access to the network to prevent further violations.
If a Subscriber is found to be in violation of
our SPAM policy, we may, at our sole discretion,
restrict, suspend or terminate the Subscriber's
account. Further, we reserve the right to pursue
civil remedies for any costs associated with the
investigation of a substantiated policy violation.
We will notify law enforcement officials if the
violation is believed to be a criminal offense.
Anyone using our service to host websites or
services that support spammers or cause any of our
IP space to be listed in any of the various Spam
Databases will have their account(s) immediately
suspended. The account will not be unsuspended until
such time that you agree to remove any and all traces
of the offending material immediately upon reconnection.
First violations of this policy will result in an
"Administrative Fee" of $25 and your account
will be reviewed for possible immediate termination.
Severe violations may result in
immediate and permanent removal of the account(s)
from our network without notice to the customer.
A second violation will result in an "Administrative
Fee" of $100 and immediate termination of your
account.
E-mail/News Bombing: Malicious intent to impede
another person's use of electronic mail services
or news will result in the immediate termination
of the offending account.
Usenet Abuse/Spamming: We have a zero tolerance
policy for the use of our service for the posting
of messages or commercial advertisements which violate
the rules, regulations, or charter of any newsgroups
or mailing list. Commercial messages that are appropriate
under the rules of a newsgroup or mailing list or
that are solicited by the recipients are permitted.
Unauthorized access: Use of our service to access,
or to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate, security
measures of ours or another entity's computer software
or hardware, electronic communications system, or
telecommunications system, whether or not the intrusion
results in the corruption or loss of data, is expressly
prohibited and the offending account is subject
to immediate termination. You may not 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
you, logging into or making use of a server or account
you are not expressly authorized to access, or probing
the security of other networks. Use or distribution
of tools designed for compromising security is prohibited.
Examples of these tools include, but are not limited
to, password guessing programs, cracking tools or
network probing tools. Violations of system or network
security may result in civil or criminal liability.
We will investigate occurrences, which may involve
such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users
who are involved in such violations.
Copyright or trademark infringement: Use of our
service to transmit any material (by e-mail,
uploading, posting or otherwise) that infringes
any copyright, trademark, patent, trade secret or
other proprietary rights of any third party, including,
but not limited to, the unauthorized copying
of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted
software is prohibited.
This also includes intellectual property rights.
Distribution and/or posting of copyrighted or the
aforementioned infringements will not be tolerated.
Collection of personal data: Use of the service
to collect, or attempt to collect, personal
information about third parties without their knowledge
or consent is prohibited.
Network disruptions and unfriendly activity: Use
of the service for any activity which affects the
ability of other people or systems to use our services
or the Internet is prohibited. This includes
"denial of service" (DOS) attacks against
another network host or individual user. Interference
with or disruption of other network users, services
or equipment is prohibited. This includes, but is
not limited to: "flooding" of networks,
deliberate attempts to overload a service, and attempts
to
"crash" a host. It is the Subscriber's
responsibility to ensure that their account(s) are
configured
in a secure manner.
A Subscriber may not, through action or inaction,
allow others to use their
account for illegal or inappropriate actions. A
Subscriber may not permit their account, through
action or inaction, to be configured in such a way
that gives a third party the capability to use
their account in an illegal or inappropriate manner.
Unauthorized entry and/or use of another
company and/or individual's computer system will
result in immediate account termination. We will
not tolerate any Subscriber attempting to access
the accounts of others, or penetrate security
measures of other systems, whether or not the intrusion
results in corruption or loss of data. We
reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints
if it is clear that the offending activity is causing
great harm to parties on the Internet. In particular,
if open relays are on your account, or if denial
of service attacks are originating from your account.
In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will
contact you as soon as is feasible.
Distribution of Viruses: Intentional distributions
of software or anything that attempts to and/or
causes damage, harassment, or annoyance to persons,
data, and/or computer systems are prohibited. Such
an offense will result in the immediate termination
of the offending account.
Inappropriate Use of Software: Use of software or
any device that would facilitate a continued
connection, i.e. pinging, while using our services
could result in suspension of service.
IRC networks: It is forbidden to host IRC (Internet
Relay Chat) that is part of or connected to
another IRC network or server. Accounts found to
be connecting to or part of these networks will
be immediately suspended without notice. The account
will not be unsuspended until such time that you
agree to remove any and all traces of the offending
material immediately upon reconnection.
Severe violations may result in immediate and permanent
removal of the account(s) from our network without
notice to the customer. Any user who commits a second
violation will be immediately and permanently removed
from our network without notice. Streaming Video
and Audio: Streaming Video and Audio is not permitted
on our servers. You must zip the content to prevent
this if you wish to have it hosted, and like everything
else this content must be legal and in compliance
with our copyright guidelines.
Eggdrop Scripts: Eggdrop scripts/bots and IRC bots
of any type are not allowed, these are grounds for
immediate account deletion.
Adult Material: Adult Material is allowed, as long
as the content is LEGAL within the United States
of America. If a website is found to contain illegal
adult material, the website will be suspended. This
means no Beastiality or Ch*ld Pornography, Scat,
ETC.
Objectionable Material: You may not use our service
to publish material, which we determine, at our
sole discretion, to be unlawful, indecent or objectionable.
For purposes of this policy, "material"
refers to all forms of communications including
but not limited to: narrative descriptions, graphics
(including photographs, illustrations, images, drawings,
logos), executable programs, video recordings, and
audio recordings. If you unsure if your content
is objectionable, please contact us before posting
it.
Chinese Forums: Chinese Forums are not allowed on
our network. These sites require too much CPU usage.
They almost require a dedicated server to run properly.
If they are found on any server we will suspend
and/or terminate them.
III)
SECURITY
By using our services you agree to adopt adequate
security measures to prevent or minimize
unauthorized use of your account. Your password
provides access to your account. It is your
responsibility to keep your password secure. Sharing
your password and account access with
unauthorized users is prohibited. You should take
care to prevent others from using your account since
you will be held responsible for such use.
Subscribers will be held responsible for any activity
by third parties using their accounts in a way
that violates the TOS. You are responsible for any
misuse of your account, even if the inappropriate
activity was committed by a friend, family member,
guest or employee. Therefore, you must take steps
to ensure that others do not gain unauthorized access
to your account.
Subscribers who are resellers are responsible for
enforcing the TOS to all of their clients. If
their clients are found to be violating the TOS,
we will suspend and or/terminate the offending site
and let the reseller know. It is advisable that
you adopt similar or stricter policies than ours.
Our Subscribers may use and/or modify a copy of
our TOS for use on their website(s).
IV)
NETWORK PERFORMANCE
By using our service you agree to abide by this
policy. Our services operate on shared resources.
Excessive use or abuse of these shared network resources
by one customer may have a negative impact on all
other customers. Misuse of network resources in
a manner which impairs network performance is prohibited
by this policy and may result in termination of
your account.
You are prohibited from excessive consumption of
resources, including CPU time, memory, disk space
and session time.
You may not use resource-intensive programs which
negatively impact other customers or the performances
of our systems or networks. We reserve the right
to terminate or limit such activities. Policy for
Unlimited Accounts: Unlimited Accounts are indeed
unlimited. These accounts may not to be used to
host a collection of MP3's, Warez, or to backup
your computer or another source. They may not be
used for general storage of any type.
All content stored on an unlimited account must
be directly used on the Internet by the website
associated with that account. These accounts may
not be used as a download distribution point for
your bundled software. They are to be used for standard
web practices only. This means that all content
stored on an unlimited account must be used for
?normal? website use. ?Un-normal? usage is anything
that a shared server would not be able to provide
under standard circumstances. If your account requires
resources that are not able to be provided by a
shared server, we may require you to rent a dedicated
server. If you are unsure of whether your account
may violate this policy, please contact us prior
to subscribing.
V)
PAYMENT POLICY
By using our services you agree to the following
payment policy and instructions.
Refunds: We offer a seven-day money-back guarantee.
If during the first seven days after subscribing
you are unhappy with the service you may submit
a refund request. Any such request must be made
in writing and must be made before the end of seven
days from the moment your initial payment was made.
In such case your payment will be refunded (less
any set-up fees or special costs) and your account
will be deleted from our network upon refunding.
The seven-day money-back guarantee only applies
to the first payment made on a new account.
After the initial seven-day period, no refunds will
be made at any time for the first payment on a new
account. All subsequent payments made to OrbitSpace.com.com
are absolutely non-refundable. If you dispute a
charge to your credit card issuer or take any action
that results in a payment being reversed that, in
our sole discretion is a valid charge under the
provisions of the TOS, you agree to pay us an "Administrative
Fee" of $100.
Payment/Subscription: Establishment of this service
is dependent upon receipt by the Company of payment
of stated charges. We require that all Subscribers
use an automatically recurring payment subscription
through one of our payment processors (currently
Paypal).
Your recurring subscription must remain active at
all times for your account to remain activated.
If a subscription becomes inactive and/or is cancelled,
we will suspend the account and issue a warning
to the Subscriber to their email address on file.
If the subscription is not rectified within 7-days
of the warning we will delete the account from the
server. If it is a reseller account we will also
delete any domains ?under? the primary account.
Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection
fees. We may allow some users to purchase our services
with a one-time payment or subscription that is
not automatically recurring. Any such allowance
does not forfeit our right to require any such user
to activate a recurring subscription at any time.
Cancellation: All cancellations must be made by
the subscriber by canceling their recurring
subscription. We will not comply with verbal or
written requests to cancel accounts. It must be
done by canceling the subscription with the payment
processor.
Upon notification that a subscription has been cancelled
we will delete the Subscriber?s account from the
server. We will not wait until the end of any advertised
or perceived billing cycle, and we will not refund
any unused portions of any subscription payment.
We require that a recurring subscription be active
at all times and will therefore delete the account
upon termination of the subscription.
Service Rates: Subscriber acknowledges that the
nature of the service furnished and the initial
rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively
change the specified rates and charges from time
to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service
goals including but not limited to rates charged
to company by its suppliers.
VI)
GENERAL OPERATIONS
By using our service you agree to the following
policy and limitations pertaining to our services.
Uptime: Subscriber acknowledges that the service
provided is of such a nature that service can be
interrupted for many reasons other than the negligence
of the Company and that damages resulting from any
interruption of service are difficult to ascertain.
Therefore, Subscriber agrees that the Company shall
not be liable for any damages arising from such
causes.
In no event shall the Company be liable for any
special or consequential damages, loss or injury.
Although many of our own network providers guarantee
an uptime of 99% or more, we make no guarantees
about uptime performance because we realize there
are influencing factors that are outside of our
control, and in most cases even outside the control
of the data centers and network providers we work
with.
Support Boundaries: We provide technical support
to our Subscribers. We limit our technical support
to our areas of expertise. We provide support related
to your account or virtual site?s physical functionality.
We do not offer tech support for application specific
issues such as cgi programming, html, or any other
such issue. We do not provide technical support
for your customers, unless an outsourced support
subscription has been purchased. We provide a variety
of support information and options to our Subscribers.
These support options can be found on the support
page of our website.
Abuse of Our Staff or Network Staff: Abuse towards
our staff or our network staff will not be
tolerated. If you use foul language, threaten us,
or do anything we find offensive, we may suspend
and/or delete your account. Per our payment policy
we offer no refunds.
Internet Protocol (IP) Address Ownership: If we
assign a Subscriber an IP address for the
Subscriber's use, the right to use that IP address
shall belong only to us, and Subscriber shall
have no right to use that IP address except as permitted
by us in our sole discretion in connection with
the services. We shall maintain and control ownership
of all IP numbers and addresses that may be assigned
to Subscriber by us, and we reserve the right to
change or remove any and all such IP numbers and
addresses, in our sole and absolute discretion.
Our allocation of IP addresses is limited by the
policies set forth by ARIN (American Registry for
Internet Numbers).
These policies state that use of IP addresses for
IP-based virtual hosts will not be accepted as justification
for new IP addresses. What this means to you is
that you MUST use name-based hosting where possible.
We will periodically review IP address usage, and
if we find that clients are using IP addresses where
name-based hosting could be used, we will revoke
authorization to use those IP addresses that could
be used with name-based hosting.
Bandwidth and Disk Usage: Subscriber agrees that
bandwidth and disk usage shall not exceed the quota
for the services ordered by Subscriber on the order
form (the "Agreed Usage"). We will monitor
Subscriber's bandwidth and disk usage. We have the
right to take corrective action if Subscriber's
bandwidth or disk usage exceeds the Agreed Usage
in our sole discretion. Such corrective action may
include the assessment of additional charges, or
disconnection or discontinuance of the service.
If we take any corrective action under this section,
Subscriber shall not be entitled to a refund of
any fees paid in advance prior to such action.
VII)
VIOLATION REPORTING
By using our service you agree to report violations
of the TOS to us. Anyone who believes that there
is a violation of our TOS should direct such information
to us by email immediately. If available, please
provide the following information:
-
The IP address used to commit the alleged violation
- The date and time of the alleged violation, including
the time zone or offset from GMT
- Evidence of the alleged violation
- E-mail with full header information provides all
of the above, as do system log files.
Other situations will require different methods
of providing the above information. We may take
any one or more of the following actions in response
to complaints:
-
Issue written or verbal warnings
- Suspend the Subscriber's newsgroup posting privileges
- Suspend the Subscriber's account
- Terminate the Subscriber's account
- Bill the Subscriber for administrative costs and/or
reactivation charges
- Bring legal action to enjoin violations and/or
to collect damages, if any, cause by violations
VIII)
VIOLATION PROCEDURES
By using our services you understand and agree with
the following procedures and policies.
We are under no duty to look at each Subscriber's
or user's activities to determine if a violation
of the TOS has occurred, nor do we assume any responsibility
through our TOS to monitor or police Internet-related
activities.
First violation: Any Subscriber, which we determine
to have violated any element of the TOS, shall receive
an email, warning them of the violation. The service
may be subject at our discretion to a temporary
suspension pending a Subscriber's agreement in writing,
to refrain from any further violations.
Second Violation: Subscribers that we determine
to have committed a second violation of any element
of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without
further notice.
Suspension of Service or Cancellation: We reserve
the right to suspend network access to any
Subscriber if in the judgment of the network administrators
the customer's account is the source or target of
the violation of the TOS or for any other reason
which we choose. If inappropriate
activity is detected, all accounts of the Subscriber
in question will be deactivated until an
investigation is completed. Prior notification to
the Subscriber is not assured. In extreme cases,
law enforcement will be contacted regarding the
activity.
IX)
MISCELLANEOUS PROVISIONS
Indemnification: In agreeing to the TOS, Subscriber
indemnifies us for any violation of the TOS that
results in loss to us or the bringing of any claim
against us by any third-party. This means that if
we are sued because of a Subscriber's or a customer
of a Subscriber's activity, the Subscriber will
pay any damages awarded against us, plus all costs
and attorney's fees.
Contact Information: You must provide us with, and
keep current, good contact information for
yourself including an E-mail address and telephone
number. If we fail to communicate any information
to you due to a non-current, inoperative, or incorrect
email address you are still responsible and accountable
for any such information we attempted to communicate.
Waiver: A waiver by the Company of any breach of
any provision of the TOS by Subscriber shall not
operate as or be construed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any
other provision thereof.
Assignment: Subscriber shall not transfer or assign
the TOS without the prior written consent of the
Company. Company may assign the TOS at anytime without
consent from or notice to Subscriber. Company reserves
the right to cancel Subscriber?s rights under this
contract at any time without further obligation.
3rd Party Disclaimer: We take no responsibility
for any material input by others and not posted
to
our website by us. We are not responsible for the
content of any other websites linked to us; links
are provided as Internet navigation tools only.
We disclaim any responsibility for any such
inappropriate use and any liability to any person
or party for any other person or party's violation
of this policy.
Disclaimer of warranties: We are not responsible
for any damages your business may suffer. We do
not make implied or written warranties for any of
our services. We deny any warranty or merchantability
for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by
us.
3rd Party Software and Services: We may provide
you access to third party software and/or services
("Third Party Products ") through reseller
relationships we have established with certain commercial
vendors. Subscriber understands that product support
for Third Party Products is provided by us and not
by the Third Party Vendor, unless otherwise notified.
Neither us nor any Third Party Vendor makes any
representations or warranties, express or implied,
regarding any Third Party Products.
Subscriber expressly acknowledges and agrees that
use of third party products is at customer's sole
risk and such third party products are provided
"as is" and without representation or
warranty of any kind from us or any third party
vendor, including without limitation, any implied
warranty of merchantability, fitness for a particular
purpose, accuracy or completeness of responses or
results, correspondence to description, or non-infringement
of third party rights. To the maximum extent permitted
by applicable law, neither us nor any third party
vendor will be legally responsible for any damages,
whether direct, indirect, or consequential, arising
from the use or inability to use any third party
product. Subscriber agrees to observe the terms
of any license and/or applicable end-user subscriber
agreement for third party products and that customer
shall be fully liable to third party vendors and
us with respect to any improper use of such third
party products or violation of license agreements
with them and/or applicable end user subscriber
agreements.
Subscriber agrees not to remove, modify or obscure
any copyright, trademark or other proprietary rights
notices that appear on Third Party Products or that
appear during the use of Third Party Products. Subscriber
further agrees not to reverse engineer, decompile,
or disassemble the Third Party Products.
Revisions to the TOS: We reserve the right to revise,
amend, or modify the TOS at any time and in any
manner. In such case the amended or revised TOS
will be posted to our website. Subscriber understands
that changes to the TOS shall not be grounds for
early contract termination or non-payment.
Location and Severability: The TOS shall be construed
in all respects in accordance with the laws of the
State of Colorado. If any part of the TOS is found
to be invalid or unenforceable by law, the remainder
of the TOS will remain enforceable and in full effect. |