Terms Of Service
Server Use
OrangeHost reserves the right to refuse service and / or access to its servers to anyone. OrangeHost does not allow to host contents or links promoting any religion or sect. The following contents are also not allowed to host.
Illegal Material
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material
Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of OrangeHost.
Warez
Includes pirated software, ROMS, emulators, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
Spam
OrangeHost has zero tolerance for UBE/UCE (unsolicited bulk Email/unsolicited commercial Email). This policy protects our customers as well as the internet community from the negative effects of “spam” related activity. We define UBE/UCE as unsolicited broadcast or commercial Email that is sent to addresses that do not affirmatively and certifiably request such material from that specific sender. We define spam as any type of unsolicited Email used for any purpose. Any unsolicited Email being sent will result in suspension or termination of the offending account. We take a zero tolerance stance against sending of unsolicited Email and other forms of spam.
This includes, but is not limited to:
- Using a non-existent return Email address when sending commercial solicitations.
- Mail-bombing (sending numerous messages to the same user).
- Subscribing someone else to a mailing list without that person’s permission.
- Posting the same article to multiple newsgroups.
- Using another network to send spam that relates in any way to OrangeHost or any site hosted by OrangeHost (including your site).
If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
Email Usage Limits
There is a 50 outgoing Email hourly limit per domain. This limit is also applied towards mailing lists. If you send over this amount in any hour, most of the Emails will bounce back with an undeliverable error. If this occurs, it will then take some time for your account to be able to send again, so we recommend waiting at least 1 hour after this issue occurs to begin sending Email again.
Content of Websites
All services provided by OrangeHost may only be used for lawful purposes. The customer agrees to indemnify and hold harmless OrangeHost from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder, or hosting any type of religious content, will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required.
Examples of unacceptable material on all Shared and Reseller servers include:
- Religious Sites (any type of religious content and uses texts or rituals of religion to ridicule or shock)
- Political Content
- Music, Songs and Copying of Pirated books, photographs, or any other copyrighted work
- Selling and promoting drugs, any type of medicines, alcohol or tobacco products
- Running or promoting Lottery / Gambling Websites
- Hacker focused sites/archives/programs or spreading any type of Viruses
- Sites promoting illegal activities
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Pirated Software/Warez
- Broadcast or Streaming of Live Sporting Events or TV Channels (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, ICC Events etc)
- Forums and/or websites that distribute or link to warez / pirated / illegal content
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- File Dump / Mirror Scripts (similar to rapidshare)
- Mail Bombers / SPAM Scripts
- Proxy Scripts / Anonymity
- IRC Scripts / Bots
- AutoSurf / PTC / PTS / PPC sites
- IP Scanners
- Bruteforce Programs / Applications / Scripts
- Banner-Ad services (Commercial banner AD rotation)
- Commercial Audio Streaming (more than one or two streams)
- Escrow / Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life / Linden Exchange, Ponzi, MLM / Pyramid Scheme)
- Bank Debentures / Bank Debenture Trading Programs
- Fraudulent Sites (including, but not limited to, sites listed at aa419.org & escrow-fraud.com)
High Resource User Policy
Resources are defined as bandwidth and/or processor utilization. OrangeHost may implement the following policy at its sole discretion: when a website is found to be monopolizing the resources available, OrangeHost reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
User may not:
- Use 50% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, ASP, .NET, HTTP, etc.
- Run cron entries & scheduled tasks with intervals of less than 20 minutes
- Run any MySQL or MS SQL queries longer than 15 seconds. Database tables should be indexed appropriately.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Participate in any file-sharing / peer-to-peer activities
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers
- Run any software that interfaces with an IRC (Internet Relay Chat) network
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- When using PHP include functions for including a local file, include the local file rather than the URL.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 50% of the server resources and / or 50% of the server’s CPU. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. We will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Backup Policy
OrangeHost offers free backup service to its shared and reseller web hosting clients. We offer daily backups of all our shared and reseller web hosting nodes with a 3-day retention point. If you own a website hosted on OrangeHost servers, we strongly advise you to keep your own daily offsite backups. We do our backups for our own safety to ensure data remains intact, but our backups can fail or be suspended temporarily. So in case of emergency, you can restore your own backups.
Account suspension period is 3 days after non-payment. If your payment is due and you do not pay, your account will be suspended after 3 days automatically. In case of non-payment, and if your account remains suspended for 30 days or more, it will be terminated completely from our servers and no backups will be provided after the 30-day period of account suspension. Any data loss during a hardware or RAID failure is not the responsibility of OrangeHost or OrangeHost support staff. It is the customer’s responsibility to have multiple copies of their website backup.
Service Availability
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Causes include equipment malfunctions, periodic maintenance, power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic, and other occurrences. We have not promised to provide you with uninterrupted service.
Billing Policy
All accounts are set up on a prepay basis. OrangeHost reserves the right to change prices of accounts or services at any time. OrangeHost reserves the right to charge its customers automatically again at the end of their prepay period via Debit/Credit card payments and PayPal (only if a PayPal subscription has been made).
Billing Periods
OrangeHost bills on a monthly, semi-annual or yearly cycle, depending on the option and plan selected. Account and billing anniversary information will be sent to you after we have processed your order. Prompt payment is necessary to ensure uninterrupted service of your account.
Accounts Migration
OrangeHost offers free cPanel to cPanel migration to all our Managed VPS & Managed Dedicated Server clients. Free migrations can be requested via the Client Portal ⇒ Support Section by submitting a support ticket. Non-cPanel or manual account transfers are not available for free and would be charged at $5/account. For Reseller customers using cPanel, we can migrate all their customers free of cost; however, websites that require manual transfers would be charged at $5/account.
Payment
For renewal, OrangeHost must receive your order by the beginning of your billing period. All unpaid balances incurred during the period of service are subject to collection. In addition, OrangeHost reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. All payment is in US$. When storing your debit/credit card details at OrangeHost, our payment gateway Stripe.com may send a request to the issuing bank for either a $0 or a $1 authorization to verify that the card is valid. Depending on your bank, the authorization transaction will be returned to the card used within 45 days.
Cancellation of Account
Any request for cancellation must be received via the Client Area, and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email cancellations are not accepted. Submission of the cancellation form does not automatically complete the cancellation request — your account may be past due or delinquent, in which case the balance must be settled before cancellation of an account can be possible. Domain name transfers, non-usage, Internic problems, ISP problems, or any other secondary issues not directly related to OrangeHost’s services do not qualify an account for cancellation.
Refund Policy
- Any Shared Web Hosting plans purchased during a promotion or with a promotion code are not eligible for any refunds.
- All Shared Web Hosting plans purchased without a promotion code include a 30-day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in the case of shared web hosting service only.
- Any request for cancellation must be received via the Client Area, and you will receive a confirmation upon the cancellation of your account. No refunds are available after 30 days.
- There are no refunds on Domain Name registration, Domain Name transfers, Domain Name renewal, VPS Servers, Dedicated Resellers, items such as Control Panel, Windows Operating Systems, etc.
Refunds are not applicable on the following items: Shared Web Hosting purchased during a promotion or with a promotion code; Dedicated Servers; Dedicated Server related items such as Extra IPs, Hard Drives, RAM Sticks, Cables, IPKVM/IPMI and all other related items; Control Panel and/or Paid Operating System Licenses; VPS Servers and Items; SSL Certificates, Domain Registration and Renewal, Dedicated IPs and other related paid items that we offer free with our services.
In Case of Terms Violation
Accounts canceled/terminated by OrangeHost for violating our Terms of Use do not qualify for the 30-day money back guarantee. For example, if your account is canceled due to spamming, you will not be given any refund. Customer refund requests are to be sent via the Client Area by submitting a ticket within 30 days from the service purchase date, and will only be processed in cases of service non-performance or corruption caused by OrangeHost’s side.
Domain Policy
If you register, renew, or transfer a domain name through OrangeHost, your domain name is governed by our Domain Registration Agreement, which contains the terms required by ICANN and the applicable domain registries. By registering a domain name you agree to be bound by that agreement, the Uniform Domain Name Dispute Resolution Policy (UDRP), and the Inter-Registrar Transfer Policy. Please also review your Registrants’ Benefits and Responsibilities and our Legal page for all applicable policies.
Indemnification
The customer agrees that it shall defend, indemnify, save and hold OrangeHost harmless from all liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against OrangeHost, 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 the customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless OrangeHost against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with OrangeHost’s server; any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; and any defective products sold to the customer from OrangeHost’s server.
Disclaimer
OrangeHost will not be responsible for any damages your business may suffer. OrangeHost makes no warranties of any kind, expressed or implied, for the services we provide. OrangeHost disclaims any warranty of 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 OrangeHost and its employees. OrangeHost reserves the right to update its policies at any time.
Website Optimization
By purchasing any shared web hosting and reseller web hosting plans, you authorize OrangeHost staff to install the LiteSpeed WordPress Cache plugin on your or your clients’ WordPress websites without notice. LiteSpeed WordPress Cache plugins are installed on WordPress websites hosted on OrangeHost servers to keep websites running faster and to reduce server CPU and RAM usage. You authorise OrangeHost to purge the .trash folder in File Manager every 7 days.
Website Security
In case your website has been hacked, or our firewalls detect a virus being uploaded, you agree to allow OrangeHost server firewalls to suspend your website for security and investigation whenever a virus is detected. You also agree that we may disable any function/feature on our servers for security without notice.
General
OrangeHost reserves the right to cancel your account within 24 hours’ notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff. By using our services, you also authorize our staff to access your website databases, files, and emails for debugging or to solve any issues that you might be facing. By using OrangeHost services you agree to the above terms of service as in effect from time to time.