Terms and Conditions
We value our clients and wish to provide them with the best possible hosting experience.
To offer you the best service possible, all clients need to follow the same rules and guidelines. These policies are intended to make our services consistent and efficient.
Specific Acceptable Use Policies
Server abuse - Any attempt to undermine or cause harm to a server, or client, of Orangetree Internet is strictly prohibited.
Unauthorized use of other people's accounts or computers - Orangetree Internet 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 an Orangetree Internet client, whether or not the attacked account or computer belongs to us, 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.
Terms of Data Transfer - Data Transfer limits for our hosting plans are listed. Any client who exceeds this limit will first be notified to resolve the situation. No additional data transfer charges will be made without prior notice to the client. Extra data transfer is charged at the rate of $3.00 per additional GIG.
Spamming - 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. Spamming on other servers which in turn contain links to a domain on our network is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and E-mail. If you are found to have spammed, we will contact you to resolve the situation. If it is a severe case then we will immediately, without warning, disable your domain until the situation is resolved. 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. In addition any site selling or promoting bulk e-mail services is not allowed.
Background 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.
CGI Scripts - Each account comes fully equipped with its own pre-configured CGI-BIN. Clients are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI Script sharing with domains not hosted by us is not allowed.
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 an option of either upgrading their service level or reducing the resource used to an acceptable level.
IRC - We do not allow IRC or IRC bots to be operated on our servers.
Payment Policies - All accounts are set up on a pre-pay basis. There is no commitment, obligation or contract associated with any of our packages or plans. Clients may choose the period to pre-pay and may cancel their account at any time. Upon cancellation of services, client is responsible for all money owed on the account from the time it was established to the time that the client notifies us in writing for a request for termination of services. All pre-paid fees are non-refundable with exception of accounts meeting requirements of our 30 Day Money Back Guarantee. Domain Registration fees are non-refundable. All payment must be in U.S. currency.
Service Cancellation - To make a cancellation request, you will need to fill out the cancellation request form. You must include your Account Domain Name and Account Password for the account for which you wish to cancel. We cannot accept cancellation requests over the phone for security reasons.
30 Day Money Back Guarantee - Orangetree Internet provides a 30 day money back guarantee for all direct shared hosting accounts. If for any reason you request cancellation within 30 days of ordering your account you will be given a full refund including the setup fee (domain registration fees are not included with this offer). If you activate your Miva Merchant license the setup fee is not refundable.
Refusal of Service - Orangetree Internet reserves the right at its sole discretion to refuse or cancel service. Violation of Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Lawful Purpose - Orangetree Internet reserves the right to refuse service to anyone. Clients may only use our servers 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. Orangetree Internet expressly forbids anyone from using our servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of Orangetree Internet management. In addition, any site selling or promoting bulk e-mail services is not allowed.
Orangetree Account Management Applications - We provide account management applications for the explicit use of our clients and their accounts. Any usage of the applications outside of the management of your account or intended use of the applications is strictly prohibited.
The applications are provided to you "As is", and we make no warranties, expressed or implied, as to their performance. We will not be held responsible for errors, interruptions in service, or loss of data as a result of these applications.
Disclaimer - Orangetree Internet will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim 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 Orangetree Internet and its employees. We reserve the right to revise our policies at any time. Failure to follow any terms and conditions may result in account deactivation. In no event shall Orangetree Internet be liable to you or any other person for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort, or otherwise, even if Orangetree Internet has been advised of the possibility of such damages. You agree that Orangetree Internet's total liability for damages shall be limited to the total fees paid by you to Orangetree Internet hereunder for the one (1) year period prior to any act or omission giving rise to any potential liability.
Governing Law and Jurisdiction - The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning this agreement must be brought in a California State or Federal court located in Santa Cruz, CA, and each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts there from) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
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These terms and conditions were last reviewed on: Dec. 7, 2009.