General Information
This is a contract between you (hereinafter referred to as "Client"), and Host Orlando (hereinafter referred to as "HO". Please read it carefully, as it governs the use of Host Orlando's services.
By accepting this contract, the signer affirms that he or she:
- Is 18 years of age or older.
- Is an officer of the company for which he or she is signing, and is confirming that that company has authorized him or her to enter into legally binding agreements on its behalf (if signing for a company).
HO may, at its sole discretion, make changes to this contract, as long as at least thirty (30) days advance notice is provided to Client. Notice may be provided in writing, by electronic mail, or by the posting of said notice on a web page at HO's main web site, hostorlando.com or blog/news site, blog.hostorlando.com
Last updated: 06/06/2008
Prior versions: none
Term and Termination
Unless otherwise specified by a separate agreement between Client and HO, the term of this agreement is month-to-month. Barring a breach of this contract, either Client or HO may terminate this contract. AHS will give the Client 30 days notice prior to termination. The Client may terminate this contract at any time by canceling their service. All service cancellations MUST be submitted detailed in the following sections. It is the Client's responsibility to cancel their service to prevent future automated billing.
In the event of a breach of this contract, the party sustaining damage as a result of the breach may terminate the contract immediately, without prior advance notice.
Acceptable Use
Systems connected to HO's computers or networks shall not be configured in any way which obscures system identity information.
Using HO-owned or managed servers, or Client-owned computers colocated at facilities operated by HO or an affiliated company, for the following purposes, will be grounds for immediate termination of Client's account:
- Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HO's 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.
- Posing as an officer, member or employee of HO or another organization, with the intent to compel another person to offer financial information, credit card or bank account numbers, social security numbers or other sensitive information or information of a personal nature. This activity is commonly known as "Phishing" and not only is it a violation of HO's AUP, it may also be a violation of applicable local, state and federal laws. HO reserves the right to report Phishing activity to local, state and federal law enforcement agencies and to other organizations affected by this activity when, in HO's sole discretion, such reports are necessary.
- Transmission, distribution or storage of any material in violation of any applicable law. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
- Harm to minors. Using the Services to harm, or attempt to harm, minors in any way.
- Threats. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
- Harassment. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
- Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of scam, including but not limited to "pyramid schemes," "Ponzi schemes," and "chain letters."
- 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. The use of anonymous remailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in USENET news postings in order to avoid spam email address collectors is allowed, as long as the individual munging headers does so in a way that will not cause the message to be posted with a valid e-mail address controlled or owned by someone else. (The use of a separate address that the poster owns or controls, however, is specifically permitted.)
- Reselling the Services without HO's authorization.
- Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through HO's servers is prohibited. Likewise, the sending of UBE from another service provider advertising a web site, email address or resource hosted on HO's servers, is prohibited. HO accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
- Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by HO's Clients must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any HO-hosted domain, or referencing any HO account, is prohibited. (Any Client moving a mailing list from another service provider is required to reconfirm all of the addresses on the list.)
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
- Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
- Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
- Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Clients or end-users by any means or device.
- Using the Services to interfere with the use of the HO network by other Clients or authorized users.
- Actions which may cause HO or it's vendors to be listed on one of the major anti-abuse Internet blocklists.
Each Client is responsible for the activities of its users and, by accepting service from HO, is agreeing to ensure that its Clients/representatives or end-users abide by this Policy. Complaints about Clients/representatives or end-users of a Client will be forwarded to the Client for action. If violations of the HO Acceptable Use Policy occur, HO reserves the right to terminate services with or take action to stop the offending Client from violating HO's AUP as HO deems appropriate, without notice.
Billing Policies
The following policies apply to billing for all Host Orlando accounts.
Payment
Payments are to be made using US currency only. Payments are only accepted from Clients residing in the United States or Canada. Mastercard, Visa, American Express, Discover Card, PayPal and check payments (with prior authorization from HO) are currently accepted.
Unless otherwise specified by a service-specific contract, balances for products or services rendered are due upon receipt of invoice.
Communications
All billing notices from HO to the Client will be provided via email to the primary contact email address on file for the account. It is the Client's responsibility to ensure their email address is valid, active and current. All billing messages will be sent from the address billing@hostorlando.com. Clients using spam filtering software should add this address to their system to allow billing notices to be received. HO may, at it's sole discretion, use alternate contact methods to contact the Client regarding billing notices.
Hosting Services Policies
The following policies apply to all web, email, and Blogzerk hosting services.
Subscription Services and Recurring Billing
All web and email hosting services are Subscription Services. Subscription Services will be automatically renewed on a recurring basis until termination by the Client or HO.
Credit Card and PayPal Payments
Subscription services paid by credit card or PayPal will be renewed and billed on the first day of each month. If the signup date for a subscription service is prior to the 15th day of the month Client will be charged for the prorated amount from the signup date to the last day of the month of signup. Otherwise, if the signup date is the 15th day of the month or after, the remaining portion of the current month plus the full charge for the next month will be charged. Recurring billing for the full monthly amount for the service(s) will begin on the first day of the month following the last month paid on the signup invoice.
Clients paying with credit card or PayPal will be notified on the renewal date of their service to update their payment information and pay their invoice manually if automatic billing was unsuccessful. If payment is not secured within five days after the due date, HO will send the Client a First Past Due reminder to update their payment information and pay their invoice manually. If payment is not secured within ten days after the renewal date, HO will send the Client a Second Past Due reminder. If payment is not secured within fifteen days after the renewal date, a suspension notice will be sent and service will be suspended. The Client can update their payment information and once payment is secured, a suspended account will be activated.
Suspended accounts not activated within thirty days of the suspension date will be considered abandoned and cancelled. Cancellation of an account will result in HO permanently removing all the Client's data from it's systems. Cancellation of an account for nonpayment results in termination of this and all applicable contracts.
It is the Client's responsibility to keep their credit card number, expiration date, and billing address current using the Account Control Panel to ensure successful Subscription Service renewals.
Check Payments
Check payments may be allowed for accounts at HO'ss discretion. If Check payment is authorized for client, the billing period will be for the prorated period from the signup date to the end of the month of signup plus a period of one year. Invoices are Net 30. Invoices for recurring billing will be sent out thirty days prior to the renewal date of the service.
If payment is not secured by the due date of the invoice, a suspension notice will be sent and service will be suspended. Suspended accounts not activated within thirty days of the suspension date will be considered abandoned and cancelled. Cancellation of an account will result in HO permanently removing all the Client's data from it's systems. Cancellation of an account for nonpayment results in termination of this and all applicable contracts.
Check payments returned due to insufficient funds will be assessed a fee of $25 or the maximum amount allowed by law in the state in which Client resides or does business, whichever is less. Repeated returned payments will result in the termination of Client's account and filing of, at HO's sole discretion, either civil or criminal complaints.
Subscription Service Cancellation
Client must cancel their Service by using their Account Control Panel. Only cancellation requests submitted through this method will guarantee immediate acceptance by HO and begin the termination process. HO can not guarantee cancellation requests communicated via other methods.
You are purchasing Subscription Services for the full term. If you terminate a Subscription Service prior to the renewal date, you will be responsible for the full charges through the end of the renewal date. Expiration of the term or termination of Service will not excuse you from paying all accrued and unpaid charges due under this Agreement. Client may continue using a terminated service through the end of the current renewal date.
30 Day Money Back Guarantee
The 30 Day Money Back Guarantee only applies to Subscription Services paid by credit card or PayPal. Services paid by check are not eligible for this guarantee. For applicable services, if a Subscription Service is canceled within 30 days of the signup date any amounts billed for the Service will be refunded to the client and the Service will be terminated immediately. The method of refund is at HO'ss sole discrection.
Domain Name Policies
Domain Registrations, Renewals and Transfers
If you register a domain through HO or transfer a domain to us, the Registrar for this domain will be Tucows, Inc. HO is an authorized reseller of Tucows and we will provide all customer service, billing, and management for domains names registered through or transferred to HO. By registering or transferring a domain to HO, you agree to be bound by the following agreements in addition to this and any other applicable agreements from HO:
Billing and Payments
Payments for domain registrations, domain renewals ,and domain transfers are not refundable for any reason. Domains are not automatically renewed at the end of their registration term and must be renewed manually by the Client.
Domain Renewal Notices
Renewal reminders for domains registered through or transfered to HO will be emailed on the following schedule:
- 90 days prior to expiration
- 60 days prior to expiration
- 30 days prior to expiration
- 5 days prior to expiration
- 10 days after expiration
Renewal reminders will be emailed to the Owner, Administrative, and Billing contact email addresses in the WHOIS database at the time the reminders are sent. It is the Client's responsibility to maintain their domain contact information in WHOIS using either the interface provided by HO or the interface provided by Tucows at https://manage.opensrs.net/
Domain Management
When a domain is registered through or transferred to HO, a username and password will be generated automatically to use to manage the domain. If the Client needs their login information for a domain it will be emailed to the Owner contact email address in WHOIS for the domain.
If the Owner contact email address is no longer valid, the Client will need to fill out and fax the appropriate documentation from http://www.adminchange.com/ to Tucows to authorize an Owner contact email address change. Once this is processed, HO will email the login information to the updated Owner contact email address.
HO will not send login information to any other email address or otherwise distribute the domain login information via any other method. It is the Client's responsibility to maintain current and accurate WHOIS information for their domain.
SSL Certificate Policies
Billing and Payments
Payments for SSL certificate registrations and renewals are not refundable for any reason. SSL certificates are not automatically renewed at the end of their registration term and must be renewed manually by the Client.
SSL Certificate Renewal Notices
Renewal reminders for SSL certificates will be emailed on the following schedule:
- 30 days prior to expiration
- 10 days prior to expiration
- The day of expiration
- 10 days after expiration
Renewal reminders will be emailed to the contact email address on your account when the certificate was ordered. If you need to update this address, please submit a support request through your Account Control panel or email support@hostorlando.com.
ProductCart Policies
ProductCart Support
Support for ProductCart licenses purchased through HO will be provided by us. Please submit all ProductCart support questions as a support request through your Account Control Panel or by emailing support@hostorlando.com. Support for ProductCart is only provided via email.
Refund Policy
You may request a refund for your ProductCart license fee within 30 days of the purchase date. Only the license fee will be refunded, not any other related fees including, but not limited to: installation, hosting, domain, or SSL certificate fees. To receive your refund you will be required to fill out a fax a Proof of Destruction form to HO that states you have removed all copies of the software from your site and other computers and will not be able to use the license key purchased.
Upgrade Policy
ProductCart upgrades within the same major version number (e.g. v3.0 to v3.5) are always free. Major version number upgrades are available for an upgrade fee which is typically $195.00, however, this is subject to change.
Rewards Program Policies
Client may sign up for our Rewards Program. By signing up for the Rewards Program Client will receive an account credit for customers they refer to us using their Rewards Program referral link. After a customer Client refers has been a customer in good standing for 35 days, Client will receive an account credit of 7% of the referred customer's future invoices that are successfully paid. Client must reach $5 in credit before any Rewards Program credits are credited to your account. Any Rewards Programs credit or other account credit on Client's account will be revoked and not refunded upon cancellation of Client's account with HO.
The Rewards Program referral link is available in the Client's account control panel. This link will place a cookie on the visitor's computer that expires in 90 days. This will allow Client to get referral credit for a visitor in the event they come back to the HO site after initially using the referral link. Note that due to browser/computer security settings, this cookie may not be accepted by the visitor.
Any use of Client's Rewards Program referral link in web site or email spam will be cause for cancellation of Client's Rewards Program account and HO may, at it's sole discretion terminate Client's account with HO.
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