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Terms of Service
This document contains important information regarding the Terms and Conditions of Service which apply to your account with Orvado. PLEASE READ THIS DOCUMENT CAREFULLY, retain it for future reference. Please note that the information contained herein is subject to change without notice.
In consideration for Orvado maintaining one or more accounts (each "Account"), you agree to the following terms and conditions.
- "We" "Us" or "Provider" or "Orvado." Orvado Technologies.
- "You" "Your" "Client" "Customer" or "Member." Each person or entity who applies for internet service or is a designate of any one who applies for internet service.
Disclaimer of Warranty
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. Orvado will pursue all resources and channels available to maintain availability to you, however, Orvado is not responsible for any interruption in service or down time that may occur, whether due to the act or negligence of Orvado. If you are not satisfied with such occurrence of interruption or down time, your only recourse is to relocate your domain to another provider.
Orvado MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Orvado nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use or non-availability of services provided herein, whether or not such damages resulted from the negligence of Orvado, even if Orvado has been advised to the possibility of such damages.
Services Provided by Orvado Technologies.
Orvado will provide Internet server space rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Orvado members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. Orvado members will use the provided services in a manner consistent with any and all applicable laws of the State of California and the US Federal Government. Orvado provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, Orvado can terminate client's account without notification.
- Client Content. Client agrees that webpages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of Orvado or any third party; are defamatory, slanderous or trade libelous; are threatening or harassing; are discriminatory based on gender, race, age or promotes hate contain viruses or other computer programming defects which result in damage to Orvado or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers.
- Bandwidth Usage: Orvado offers a Unlimited transfers at all times, but reserves the right to shutdown a site that is killing the server resourses.
- Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. When a website is found to be monopolising the resources available, Orvado 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. Orvado will be the sole and final arbiter as to what constitutes a violation of this policy.
- No "Spam". UCE/UBE or "Spam" originating from a Orvado account or associated with a Orvado account is not tolerated. This includes any e-mail that promotes web sites hosted on a Orvado account but is sent from an e-mail address not associated with that Orvado account. Client shall not use their Orvado services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Orvado reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for policy violation.
- False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups’ rules and regulations. If any news groups or service provider contact Orvado concerning unethical, false or unlawful activities by you, Orvado reserves the right to terminate your service without notice.
- Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Back-Up Files. Orvado will make every reasonable effort to protect and backup data for Client on a regular basis, however Orvado does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one time fee of $50 for our Administrator to retreive clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network. Your Web sites are backed up nightly and weekly, so if you need data recovered please do not wait too long. We keep 3 weeks worth of backup before they are over written
Payment Obligations, Renewals, Cancellations
- Payment Obligations: Full payment is required in advance before hosting service is establish. You warrant and represent that the information you supply in the Order Form (or other information that Orvado may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account.
- Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to Orvado fifteen (15) days before the renewal date that you do not wish to renew such account.
- Cancellation: You may cancel at anytime. After the first 30 day period, there are no refunds if the service contract is cancelled by client before the regular renewal date. There are no exceptions! We do not give partial credits. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. If your web site is cancelled by you or cancelled by Orvado, you will need to have all of your content copied from the server before the Cancellation Date. Orvado is not responsible for any lost data, but will perform a copy of your site for archival purposes for a 1 year period, if by chance that you lose your data during a transfer, Orvado will send you a hard copy of your data for an additional charge.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days of your contract, you will be given a full refund on your hosting fee excluding setup fees and additional services. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you willigat be eligible for a refund. Domain name registration is non-refundable. Phone requests will not constitute acceptance of any cancellation.
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