ORBITnet Terms & Conditions

Terms & Conditions

The following are the Terms & Conditions that must be agreed upon in order to sign-up with Orbit Network.

NOTE:

1.Orbit Network (ORBITnet) may change these Terms & Conditions.

2.Please note that the asterisked items (*) are not applicable to SOME Dedicated Server Customers.

This is an agreement between you (“Account Holder”) and Orbit Network, for itself and on behalf of its affiliates (“ORBITnet”) regarding your use of Orbit Network computer, interactive information, communication and server management, solutions, networking solutions, services related to hosting one or more websites ("Services").

OVERVIEW

GENERAL

This Agreement governs the terms and conditions under which Orbit Network makes the Services offered by Orbit Network available. Under this Agreement, you must comply with Orbit Network's "Acceptable Use Policy," as updated from time to time by Orbit Network, as set forth at the bottom of this Agreement.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY SUBMITTING SUBSCRIBER INFORMATION, REGISTERING, AND ACTIVATING THE WEB HOSTING ACCOUNT, ANY OTHER SERVICE/SERVICES YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT THE SUBSCRIBER INFORMATION OR ACTIVATE THE WEB HOSTING ACCOUNT, ANY OTHER SERVICE/SERVICES.

Term Commencement

This agreement ("Agreement") becomes effective when Account Holder inputs subscriber information, registers, activates their account or/when upon use of Service/Services,

PAYMENTS

Fees and Expenses

Unless modified in accordance Account Holder will pay all fees due according to the prices and terms selected during the registration process.

Payment Terms

Orbit Network reserves the right to require a security deposit prior to provisioning Service. All installation fees and non-recurring charges, along with the first month’s service fees, shall be due and payable within 14 days of invoice date. Thereafter, recurring fees will be invoiced according to the service term billing cycle set forth in the initial subscribers information order form. Accounts that are past due by more than thirty (30) calendar days shall be subject to immediate suspension of service(s), with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Orbit Network. Reactivation of the service after suspension requires the account to be paid using a Visa, MasterCard or American Express Credit card or any other way of payment agreed by both account holder and ORBITnet. Accounts that are past due by more than forty five (45) calendar days will be terminated and all files removed from Orbit Network systems. Reactivation of a terminated or canceled account for any reason may require the payment of additional installation charges and is subject to the availability of facilities & Orbit Network is not responsible for the removed or deleted files. If the subscriber fails to pay for any reason, Orbit Network reserves the right to solicit the services of a Collection Agency. All inquiries regarding payment or your account should be directed to billing @ orbitsl.net

ACCOUNT RE-ACTIVATION FEES

If an services(s) suspended due to non-payment/bad credit/return cheque after 30 calendar days from the invoice due date there will be a account re-activation fee part form the due payment. if the due amount is less or equal to US$50, the re-activation fee of US$10 will be charged, if the due amount is more then US$50, re-activation fee of US$20 will be charged.

If an user (Account Holder) wish to re-activate an account that was removed from our servers due on-payment; 45 calendar days or more. there will be a fee of US$30 & Orbit Network is not responsible for the removed or deleted files

Account(s)/Service(s) will only be re-activated once all the due invoices and the re-activation fees has been paid in full.

Price Changes

During the initial term of this Agreement, Account Holder will not be charged an amount greater than the price set for the Services hereunder. Orbit Network, however, reserves the right, without prior notice, after such Initial Term, to change the prices charged to the Account Holder for the services provided by Orbit Network. Upon renewal, the prices charged may be changed to the then prevailing price for the Services.

Taxes

Account Holder shall pay or otherwise be responsible for all federal, state, or local sales, use, excise, gross receipts, municipal fees, transfer, transaction, property, or similar taxes, fees, or surcharges (hereinafter “Tax”) imposed on, or with respect to, the Services under this Agreement.

MONEY BACK GUARANTEE

WEB HOSTING PLANS:

All Web Hosting and E-commerce Web Hosting plans include a 30-day money-back guarantee. If you are dissatisfied with our service for any reason, you will receive a full refund (minus set-up fees and overage charges) if you cancel your account within 30 days of account activation. Accounts cancelled/terminated by ORBITnet for violation of Terms & Conditions do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

RESELLER PLANS:

Hosting plans include a 14-day money-back guarantee. If you are dissatisfied with our service for any reason, you will receive a full refund (minus set-up fees and overage charges) if you cancel your account within 14 days of account activation. Accounts cancelled/terminated by ORBITnet for violation of Terms of Use do not qualify for the 14-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.

DEDICATED SERVERS & MANAGE SOLUTIONS:

All payments to Dedicated Servers Fees are nonrefundable. The money-back guarantee does not apply to dedicated servers or any other type of Managed Solutions, or any fees associated with these accounts.

ACCOUNT CANCELLATION

WEB HOSTING PLANS & RESELLER PLANS:

All requests for canceling any service/services must be sent to (admin @ orbitnet.org) with reason for cancel account. We do not take any fees for remove your accounts.

DEDICATED SERVERS:

All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and faxed to (94) 777 691280. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM Monday – Friday 6 + GMT. TERMINATION FEE OF $200 WILL BE CHARGED UPON TERMINATION.

MANAGE SOLUTIONS:

All requests for canceling any service/services must be sent to (info @ orbitnet.org) with reason for cancel account. We do not take any fees for the cancellation.

UPTIME GUARANTEE

WEB HOSTING PLANS & RESELLER PLANS:

All Packages Include 99% uptime guarantee if not specified. But Guarantee credit does not cover server hardware failures, Scheduled downtime, Network Outages.

SERVER HARDWARE FOR DEDICATED SERVERS:

Hardware replacement will occur within 8 hours of the reported problem, ORBITnet will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request an hardware violation credit, you must email sales, within 10 days of reported violation, at: (sales @ orbitsl.net) Violations will be reviewed by our personnel Monday - Friday 9AM to 5PM 6+ GMT. *Hardware violations do not cover network violation*

ORBITnet not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. ORBITnet shall not be liable for loss of data under any circumstance.

MANAGED SOLUTIONS

The uptime guarantee does not apply to Managed Solutions if not specified in the "SLA"

ACCEPTABLE USE POLICY

All services provided by ORBITnet may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ORBITnet and its employees from any claims resulting from the use of the service, which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all ORBITnet servers this includes sites that include sexually explicit or hardcore images and/or advertising. We do not have a problem with sites of an adult nature, but we do not allow pornographic sites. If you think your site may violate our Terms, please ask us before signing up for an account so that we may determine if we can host your site. ORBITnet reserves the right to determine what is and what isn't acceptable for our servers.

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 beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violations are not refunded under any circumstances.

COMMERCIAL ADVERTISING - EMAIL:

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

See Our Anti Spam Policy.

SECURITY:

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

SERVER RESOURCES: *

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. ORBITnet shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

CGI/JSP SCRIPTS: *

JSP/CGI script sharing with domains not hosted by ORBITnet is not permitted. Any CGI/JSP scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If you Going To use CGI/JSP Please contact us before using it.

CHAT ROOMS: *

ORBITnet does not allow customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, ORBITnet provides Java chat rooms that meet most users' needs and run without hindering system performance. If you going to use chat rooms please contact us before using it. we may allow chat rooms to be run in some cases up on extra payment.

Background Running Programs and Cron Jobs: *

ORBITnet may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact ORBITnet at (info @ orbitnet.org) so that we can arrange set-up.

ICQ/IRC:

ORBITnet does not allow IRC or IRC bots to be operated on our servers.

FREE WEB HOSTING: *

We Do Not Allow To Offer Free Web Hosting On Our Reseller Plans.

ACCOUNT CREATION LIMIT: *

Such as, but not limited to Create Unlimited Domains But We Do Not allow to create under 5MB Accounts. But You Can use/create 5MB Accounts for own use ,But Not Allow To Resell.

FORMMAIL:

Due to known security issues with all versions of Matt Wright's FORMMAIL form-to-e-mail script we do not allow it. We do provide a version in the system wide Cgi-bin that works exactly the same and doesn't have the security issues.

SERVER ABUSE:

Any attempts to undermine or cause harm to a ORBITnet server or customer are strictly prohibited.

SOFTWARE DISTRIBUTION: *

ORBITnet shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact (sales @ orbitsl.net) to make special arrangements.

MULTIMEDIA FILES: *

Multimedia files are defined as any graphics, audio, and video files. ORBITnet shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

DATABASES: *

Any database stored on ORBITnet servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

SUPPORT:

NOT all Web Hosting/Reseller/Dedicated Servers/Services Include Phone Support if not specified, Email Support is given only to selected Hosting Planes/Services, all Product and Services include 24x7x365 Online Support HelpDesk (www.support.orbitnet.org) Ticket System witch guarantee less 24Hour respond. MSN Messenger Chat (support @ orbitsl.net) Support also available for all product & services witch support first come first serve based with NO guarantee of respond time.

LIMITATION OF LIABILITY:

ORBITnet shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ORBITnet servers going off-line or being unavailable for any reason whatsoever. Furthermore, ORBITnet shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ORBITnet servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to (abuse @ orbitnet.org) All complaints will be investigated promptly.

Ownership

Except for the rights expressly granted herein, this Agreement does not transfer from Orbit Network to Account Holder any Orbit Network developed technology, and all right, title and interest in and to such technology will remain solely with Orbit Network. Except for the rights expressly granted herein, this Agreement does not transfer from Account Holder to Orbit Network any Account Holder developed technology, and all right, title and interest in and to such technology will remain solely with Account Holder. Orbit Network and Account Holder each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.

General Skills and Knowledge

Notwithstanding anything to the contrary in this Agreement, Orbit Network will not be prohibited or enjoined at any time by Account Holder from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Orbit Network.

No Other Warranty

EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS OR APPLICABLE SERVICE LEVEL AGREEMENTS (SLA'S) THAT ARE AGREED UPON BY BOTH PARTIES AS INDICATED BY SIGNED CONTRACTS BETWEEN THE SUBSCRIBER AND ORBIT NETWORK OFFICERS, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND ACCOUNT HOLDER'S USE OF THE SERVICES IS AT ITS OWN RISK. ORBIT NETWORK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NO INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. ORBIT NETWORK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. ORBIT NETWORK DOES NOT WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS TO ACCOUNT HOLDER'S NETWORKS.

DISCLAIMER

ORBITnet cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ORBITnet are resold. Thus, certain equipment, routing, software, and programming used by ORBITnet are not directly owned or written by ORBITnet. Moreover, ORBITnet holds no responsibility for the use of our client’s accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ORBITnet sees fit. FURTHERMORE, ORBITnet retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

///END.

Updated On 10/09/2006