Terms of Service
The use of services from OrangeWebsite.com [hereafter referred to as "OrangeWebsite"] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we have screened
the order(s) in case of fraud. It is your responsibility to provide us with an
email address which is not with the domain(s) you are signing up under. If there
is ever an abuse issue or we need to contact you, the primary email address on
file will be used for this purpose. It is your responsibility to ensure the
email address on file is current or up to date at all times. If you have a
domain name registered with OrangeWebsite, it is your responsibility to ensure
that the contact information for your domain account and your actual domain
name(s) is correct and up-to-date. OrangeWebsite is not responsible for a lapsed
registration due to outdated contact information being associated with the
domain. If you need to verify or change this information, you should contact our
sales team via email. Providing false contact information of any kind may result
in the termination of your account.
2.) Content
All services provided by OrangeWebsite may only be used for lawful purposes. The
laws of country servers hosted at (Iceland) apply.
The customer agrees to indemnify and hold harmless OrangeWebsite from any claims resulting from the use of our services.
OrangeWebsite services, including all related equipment, networks and network devices are provided only for authorized customer use. OrangeWebsite systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via email and will have a response within 48 hours.
Sites hosted on OrangeWebsite.com's service(s) are regulated only by Icelandic Law. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. OrangeWebsite.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which the Icelandic Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@orangewebsite.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Your services will be terminated with or without notice. Violations may be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
Sites
advertised via SPAM (Spamvertised) may not be hosted on our servers. This
provision includes, but is not limited to SPAM sent via fax, phone, email,
instant messaging, or usenet/newsgroups. No organization or entity listed in the
ROKSO
may be hosted on our servers. Any account which results in our IP space being
blacklisted will be immediately suspended and/or terminated.
OrangeWebsite reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
OrangeWebsite reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of OrangeWebsite.
4.) Payment Information
You agree to supply appropriate payment for the services received from
OrangeWebsite, in advance of the time period during which such services are
provided. You agree that until and unless you notify OrangeWebsite of your
desire to cancel any or all services received, those services will be billed on
a recurring basis. This includes when accounts are suspended. When an account's
invoices are paid outside of the 10 day grace period, invoices will not be
automatically generated. However, after the customer notifies OrangeWebsite of
his or intent to resume service, invoices will be manually generated and payment
expected for the time the account was suspended.
Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Before cancelling your account we are requesting you to provide us your latest PayPal transaction ID number or similar. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of OrangeWebsite, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify OrangeWebsite of your desire to cancel any or all services received, those services will be billed on a recurring basis, unless otherwise stated in writing by OrangeWebsite. OrangeWebsite reserves the right to bill your credit card or billing information on file with us. OrangeWebsite provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 10 EUR late fee and/or an account suspension until account balance has been paid in full. The 10 EUR late fee is applied in addition to whatever else is owed to OrangeWebsite for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at sales@orangewebsite.com after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and OrangeWebsite cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at sales@orangewebsite.com for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@orangewebsite.com.
OrangeWebsite reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran weekly,
overwrites any of our previous backups made, and only one week of backups are
kept. This service is provided to you as a courtesy. OrangeWebsite is not
responsible for files and/or data residing on your account. You agree to take
full responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on OrangeWebsite servers.
6.) Cancellations and Refunds
OrangeWebsite reserves the right to cancel, suspend, or otherwise restrict
access to the account at any time with or without notice.
Customers may cancel the service at any time via email. OrangeWebsite gives you an unconditional 30 day money back guarantee on managed shared hosting for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 30 days for shared hosting accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 30 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.
7.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending
on the hosting package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the start of the next
allocation, suspend the account until more bandwidth is purchased at an
additional fee, suspend the account until you upgrade to a higher level of
package, terminate the account and/or charge you an additional fee for the
overages. Unused transfer in one month cannot be carried over to the next month.
8.) Money back Guarantee
If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for shared hosting and does not apply to VPSs, dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
OrangeWebsite will not activate new orders or activate new packages for customers who have an outstanding balance with OrangeWebsite. For a new order to be setup or a new package to be activated, you must have a balance of 0.00 EUR or more, unless otherwise stated by OrangeWebsite in writing.
9.) Uptime Guarantee
If your shared server has a physical downtime that is not within the 99.9%
uptime you may receive one month of credit on your account. Approval of the
credit is at the discretion of OrangeWebsite dependent upon justification
provided. Third party monitoring service reports may not be used for
justification due to a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server is defined as the
reported uptime from the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services. To request a
credit, please contact sales@orangewebsite.com with justification. All requests
must be made in writing via email. Uptime guarantees only apply to shared
solutions. Dedicated servers and VPSs are covered by a network guarantee in which the
credit is prorated for the amount of time the server is down which is not
related to our uptime guarantee.
10.) Reseller: Client Responsibility
OrangeWebsite do not offer services for reseller. However if you wish to use our
servers for reselling purposes, must OrangeWebsite be informed about it.
OrangeWebsite does not provide support to any clients that have not ordered the
service directly from us. If a reseller's client contacts us, we reserve the
right to place the client account on hold until the reseller can assume their
responsibility for their client. All support requests must be made by the
reseller on their clients' behalf for security purposes. Resellers are also
responsible for all content stored or transmitted under their reseller account
and the actions of their clients'. OrangeWebsite will hold any reseller
responsible for any of their clients actions that violate the law or the terms
of service.
11.) Shared Hosting and VPS
Shared and VPS accounts may not resell web hosting to other people, if you wish
to resell hosting you must use dedicated account.
12.) Dedicated Servers
OrangeWebsite reserves the right to reset the password on a dedicated server if
the password on file is not current so that we may do security audits as
required by our datacenter. It is the responsibility of the client to ensure
that there is a valid email address and current root password on file for their
dedicated server on file to prevent downtime from forced password resets.
OrangeWebsite reserves the right to audit servers as needed and to perform
administrative actions at the request of our datacenter. Dedicated servers are
NOT backed up by us and it is the responsibility of the client to maintain
backups or have a solution for this. You may purchase an additional hard drive
and maintain backups to it as the simplest solution. Please contact
sales@orangewebsite.com if you wish to obtain a secondary hard drive. It is your
responsibility to maintain backups.
13.) Price Change
We
reserve the right to change prices listed on OrangeWebsite.com, and the right to
increase the amount of resources given to plans at any time.
14.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time
customers* only and may not be used towards the purchase of a domain
registration unless otherwise specified. If you have signed up using a
particular domain, you may not resign up for that domain using another coupon at
a later date. Any account found in violation of these policies will be reviewed
by our sales department and the appropriate invoices will be added to the
account. Coupon abuse will not be tolerated and may result in the suspension or
termination of the account. Coupons or discounts are only valid towards the
initial purchase, and do not affect the renewal or recurring price.
15.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold OrangeWebsite
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against OrangeWebsite, its agents,
its customers, officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by customer,
its agents, employees or assigns. Customer agrees to defend, indemnify and hold
harmless OrangeWebsite against liabilities arising out of; (1) any injury to
person or property caused by any products sold or otherwise distributed in
connection with OrangeWebsite; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to customers from
OrangeWebsite's server.
16.) Disclaimer
OrangeWebsite shall not be responsible for any damages your business may suffer.
OrangeWebsite makes no warranties of any kind, expressed or implied for services
we provide. OrangeWebsite disclaims any warranty or merchantability or fitness
for a particular purpose. This includes loss of data resulting from delays, no
deliveries, wrong delivery, and any and all service interruptions caused by
OrangeWebsite and its employees.
17.) Disclosure of information
If
access information is requested, OrangeWebsite.com will not disclose such
information, unless the party requesting it submits the nesessary security
details to verify it‘s identity. Subscriber may verify his identity by providing
us his latest PayPal transaction ID or other similar approved identification
method. OrangeWebsite don’t disclose any subscriber information to law enforcement or
other agencies without valid Icelandic court order or similar order by legal
authorities.
18.) Changes to the TOS
OrangeWebsite reserves the right to revise its policies at any time without
notice.
19.) Legal venue and applicable law
These Terms are governed by Icelandic law. Disputes arising from these Terms
shall be brought before the Reykjavík District Court.