Our web hosting & related service are designed to give you as much control and ownership over what goes on your website as possible. We do have this legal document that shows you the nature of our contract with you. The Agreement is effective as of the date of the email sent to you by OCS Hosting & Domain Services expressly confirming acceptance of your order or the date you accept the Agreement as part of OCS Hosting Service online order process.
These terms govern the use of www.ordercloudserver.com and other websites we use to provide you with out services.
You agree that these terms be drawn up in English language.
- service or services means the services provided through the use of the Website, as is more particularly described at URL: www.ordercloudserver.com
- you and your refer to you as the user of our website, services, or any agent, employee, servant or person authorized to act on your behalf.
- we, us, our and OCS Hosting Service refer to ordercloudserver.com, OCS Hosting Service, OCS Hosting, OCS.
- terms of service — the clauses outlined in this document individually and in entirety.
- account — an account created through registration for the Service either through agreement with OCS Hosting Service. or through any of its sub-domains.
- account owner — a person or entity who creates and assumes responsibility for an Account.
- user — an authorized representative, associate or employee of an Account Owner who has been given permission to access an Account, by the relevant Account Owner.
- account term — the term for which you agree to pay for Service.
- price plan — the amount payable by you for each Account Term.
- website — means any website with ordercloudserver.com
- user originated data — any information provided/generated by you, including usage pattern data.
- confidential information — any and all data, information, documents, software or materials relating to the business and management of OCS Hosting Service, its members, affiliates, licensors or licensees, that is designated as confidential or ought reasonably to be considered confidential, including but not limited to: our business model and operations, processes, products, designs, pricing, promotions, business plans, business opportunities, finances, research, development, know-how, trade-secrets, training materials, personnel, clients, methodologies, website content.
These Terms of Service relate to the provision of the service and the website only. Where any other service is provided by OCS Hosting Service, separate terms and conditions of business will be issued in respect of any additional services so provided. These Terms of Service are maintained independently of any other agreement between OCS Hosting Service and you, even if OCS Hosting Service or you are engaged in other service agreements or arrangements, such as provision of professional services, software development, or web development etc.
REPRESENTATIONS MADE BY YOU
By creating an account you represent and warrant that:
- the individual clicking the check box which records your agreement to these Terms of Service during the application process, is authorized to create binding legal obligations between you and us, and
- the execution, delivery and performance of the account is within your delegated powers of any organization you represent if any and that you have been duly authorized by all necessary corporate action if applicable, and
- you shall perform and be bound by all of your obligations under these Terms of Service in compliance with applicable laws and regulations, and
- you shall provide to OCS Hosting Service any business or tax registration numbers and other like information which, by law, we are required or permitted to collect, and
- you specifically agree and acknowledge that you have reviewed these Terms of Service and agree to be bound by them from the time we give you access to the Service, and
- you agree that these Terms of Service are a complete and exclusive statement of the agreement between you and OCS Hosting Service which supersedes any proposal or prior agreement, oral or written, and any other communication between you and us relating to the subject of an account, and
- you agree that if you are unable to accept all of these terms in entirety, then you may not access, use or benefit from the service, and
- if you are using the service and/or accessing the website on behalf of or for the benefit of an organization whether a body corporate or not, you have been granted the right to do so by an account owner and that your organization will be liable for your actions or omissions including any breach of these Terms of Service, and
- you shall be the age of majority in your jurisdiction and/or the jurisdiction of their residence as the case may be, and
- you agree to preserve the confidentiality of all confidential information. You will not, without our prior written consent, disclose or make any confidential information available to any person, or use the same for your own benefit, other than as contemplated by these Terms of Service, unless:
- is or becomes public knowledge other than by a breach of this clause.
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
- is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party, or
- is independently developed without access to the confidential information.
ALTERATION OF TERMS
We reserve the right, to update and change these Terms of Service, with or without notice, at our sole and absolute discretion, effective upon any of the following below:
- posting of an updated version of these Terms of Service on the website.
- sending an email to you, or
- notification to you upon your log in to the service.
By continuing the service, you agree to be bound by the modifications or amendments to these Terms of Service including but not limited to our privacy and security policies. If any terms become unacceptable to you, you must cease using the service. The most current version of the Terms of Service, which supersede all prior versions, can be reviewed by clicking on the Terms of Service link on the website. You are cautioned to review the Terms of Service posted on the website periodically. Any new features that augment or enhance the current website, including any new tools and resources shall be subject to current Terms of Service. Continued use of the service and/or the website by you shall constitute your consent to any such changes made by us.
SUBCONTRACT OF TERMS
We reserve the right to subcontract any of our rights or obligations under these Terms of Service.
You accept that we have no obligation to pre-screen users, or subscribers to the service.
RELATIONSHIP BETWEEN YOU AND US
The parties intend that an independent contractor relationship will be created by these Terms of Service, and that no additional partnership, joint venture, sub contract arrangement or employee/employer relationship is intended — unless otherwise specific in a separate agreement.
Any notice given under these Terms of Service by you must be made in writing by email. Notices to us must be sent to legal at ordercloudserver.com or to any other email address notified by email to you by us.
- that you are responsible for all activity occurring under your accounts and for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the service and/or the website, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data, and
- to maintain the security and confidentiality of all security credentials including passwords, tokens, etc. You agree to notify us immediately if you have reason to suspect unauthorized use of one or more of your accounts, and
- to obtain and maintain any equipment and ancillary services needed to connect to, access or otherwise use the service and/or the website including without limitation modems, hardware, server, software, Internet browsers operating system, networking, web servers, long distance and local telephone service, but excluding our website itself collectively, equipment. You shall be responsible for ensuring that such equipment is compatible with the service and/or the website,
- to only use the service and/or the website for lawful or legal purposes as governed by any local, national or international law only lawful and moral purposes, and
- to pay all applicable charges for your use of the service, and
- to be responsible for the conduct of all Users who have access to your account while accessing the service and/or the website, whether or not you authorized their conduct, and
- to not attempt to gain unauthorized access to any other accounts, computer systems or networks associated with the website, is systems and hosting infrastructure. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website, and
- to not assign or transfer any rights to any other person without our prior written consent, and
- to acknowledge that the Confidential Information which you obtain through the entering into these Terms of Service and the use of the service constitutes valuable, confidential, proprietary information of OCS Hosting Service. and its licensors, and you agree that during any Account Term and thereafter, you shall not without the express written consent of OCS Hosting Service, use or disclose to any other person any such Confidential Information, except as specifically authorized under the current Terms of Service or as required by applicable law.
NON PROVISION OF ADVICE
We do not provide advice, nor do we make any recommendations of any kind. No information sourced from the service and/or the website shall constitute an offer of any opinion held by us as to market conditions existing in the past present or future, nor shall the presentation of any information constitute a recommendation of pricing strategy that a user should adopt. By using any version of the service and/or the website, the user accepts that information provided by us shall not be treated as the intentional provision of advice under any circumstances, whether implied or not.
ACCURACY OF DATA
We are unable to ensure continuous availability of data other information displayed by the service and/or the website. Due to the nature of operation of our systems and of technical difficulties with the internet, internet software or transmission problems, inaccurate or incomplete data may be presented on the service and/or the website.
Consequently, we are unable to make any representation as to the accuracy of data and other information displayed in any format by the service and/or the website. We attempt to provide accurate information on the website although we assume no responsibility for the accuracy of any information displayed, which may contain technical or other inaccuracies, omissions or errors. We may change, amend or update data displayed at any time without notice.
RESPONSIBILITY OF VISITORS
Websites hosted on behalf of customers may contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
OCS Hosting Service has not reviewed, and cannot review, all of the material posted to our services by customers using our services, and thus cannot therefore be responsible for any website content, use or effects.
By operating our services, OCS Hosting Service does not represent or imply that it endorses the material posted or hosted by customers using the services, or that it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from all harmful or destructive content or content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
OCS Hosting Service disclaims any responsibility for any harm resulting from the use by visitors of our hosted services, or from any downloading by those visitors of content there posted.
Access to the service and/or certain sections of the website can only be achieved by the creation of an account. It is a condition of these terms that any information requested by us, and given by you during the creation of your account, is truthful, accurate and complete. We shall not be liable for any damages arising from any misrepresentation or any false or misleading statements that may be made by you. When registering for a new account with us, you will enter a confidential password for use in accessing your account via an online web interface. To access and operate the service you accept and understand that:
- The service provided is to host your application code and data.
- You expressly accept that you shall not access the service for any other purpose, without our prior written consent.
- The service is provided on the condition that you provide your name and a valid email address.
- You may be required to provide the name of the entity or organization which you represent, if applicable.
- The service is only to be operated by a human accounts operated by computer automated methods are not permitted. You may not use manual or software devices to crawl, spider or screen scrape the website.
You warrant and represent that you are acquiring the right to access and use the service and the website and agreeing to these Terms of Service in the course of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Service, the Website or these Terms of Service.
If you use any services that have been designated as a Beta service, pilot test, limited release, or with similar designation, then your use of that service is subject to the following:
- you acknowledge and agree that the Beta Services are pre-release versions and may not work properly;
- you acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures;
- the Beta Services are provided as is, so We do not recommend using them in production or mission critical environments;
- we reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time;
- commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases;
- OCS Hosting Service may limit availability of customer service support time dedicated to support of the Beta Services;
- you acknowledge and agree to provide prompt feedback regarding Your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use Your feedback for any purpose, including product development purposes. At our request, you agree to provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by OCS Hosting Service;
- you acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to OCS Hosting Service;
- the Beta Services are provided "as is", "as available", and "with all faults". To the fullest extent permitted by law, OCS Hosting Service disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- you agree to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- you agree that all charges and fees associated with an account are your sole responsibility.
- if you wish to cancel the service you have subscribed to for any reason (aside from disablement for Terms of Service or Spam Policy violations) with your payment refunded.
- services such as add-ons, domain names or services provided by third parties and OCS Hosting Service partners are not part of the 14-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
At the end of the contract term, the contract will automatically renew at the then-current, non-promotional rate for the original contract length indefinitely until canceled.
OCS Hosting Service will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with your account. If you do not wish for any service to automatically renew, you may elect to cancel that service, in which case, your services will terminate upon expiration of the then-current term, unless you manually renew your services before that date. Any services must be canceled prior to their renewal date(s) in order to avoid automatic renewals.
If the your payment card is determined to be expired, invalid, or otherwise not able to be charged, you agree that OCS Hosting Service may use other payment methods linked to your bank account (such as new credit card credentials from your card issuer). If a service is terminated after the 14-day money-back guarantee period, the service will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be canceled.
14-DAY MONEY-BACK GUARANTEE
The "14-Day Money-Back Guarantee" offer is only applicable to credit card payments for shared web hosting services. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable.
Violations of OCS Hosting Service 's Terms may, at OCS Hosting Service 's discretion, result in immediate and permanent disablement without refund.
OCS Hosting Service reserves the right to disable or suspend without refund any account or service at any time should it feel, in its sole discretion, that there is a reasonable suspicion that it is being used in violation of any agreed upon terms.
Disputed charges ("chargebacks") associated with any OCS Hosting Service account, at OCS Hosting Service's discretion, may result in immediate and potentially permanent disablement of Services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any services may be reactivated.
OCS Hosting Service reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, OCS Hosting Service will provide notice to you, and will allow you to cancel the services without incurring additional change fees, but no refund will be payable for any fees previously assessed.
- by using a promotional ("promo") code you waive the option to indicate who referred you to OCS Hosting Service.
- you may not change/submit a promo code or referrer after you've finished signing up.
- promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with OCS Hosting Service.
OCS Hosting Service works with third party registrars in order to provide our users with domain name services. When you register a domain name on OCS Hosting Service Hosting Service, or when you renew or transfer an existing domain name on OCS Hosting Service, you become bound by the relevant registrar’s terms and conditions. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers "ICANN".
A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found at domain-name-registrant-rights.html page.
Please note that when registering a new domain name,
- you are to ensure any requested domain registration request is not made in bad faith, does not infringe on any third-party rights including and third party's intellectual property, will not be used for any unlawful purpose or would be considered to be an abusive registration under the Enom, RRPproxy, OpenSRS or Google dispute resolution policies.
- you acknowledge that we are not obliged to accept any request to register a domain and may be unable to make a registration due to another application or prohibitive cost. We make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any requested domain.
- you acknowledge that domain registrations and renewals where successful are non-refundable.
- you acknowledge that we are unable to correct spelling mistake(s) in a domain once a domain has been successfully registered, please ensure you check before submitting the domain for registration.
- you acknowledge that domain renewal fees are subject to change at any time without notice.
- you acknowledge we cannot guarantee any domain you order will be successfully registered, only once payment has been successfully taken will we send a registration request to the registrar and only once a registration confirmation has been received from the registrar is the domain officially registered. If we are unable to register any domain name, we will provide a full refund of the domain registration fee.
- where you wish to register a domain in a foreign jurisdiction, you acknowledge that your registration is subject to all relevant laws and terms and conditions.
- you will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force.
- you agree and acknowledge that we will make registration information in relation to the requested domain available to ICANN, Enom, RRPproxy, OpenSRS or Google or any other appropriate registration authority.
- you acknowledge that you are obligated to provide accurate domain registration details, and that those details will be published to the WHOIS directory with respect to the chosen domain name, as required by ICANN.
It is solely your responsibility to notify our billing department via a support ticket after purchasing a domain.
Domain renewal notices are provided as a courtesy reminder and OCS Hosting Service is not responsible for a failure to renew a domain or a failure to notify you about a domain renewal.
We will endeavor to automatically renew your domain 30 days prior to expiry unless there is an unforeseen circumstance that makes it impossible for us to do so or that we are unable to take payment for the renewal using your payment method on file.
You can opt out of auto-renewal either by logging into the client area or notifying us by creating a support request.
- you may not transfer away the domain from us to another registrar during the first sixty (60) days following the registration or transfer of a domain.
- we will not accept any transfer request for a domain that is due to expire within 7 days.
- we will not transfer ownership of a domain to another registrar until all fees attributable to the domain registration, renewal or transfer have been paid.
Where ICANN and/or WHOIS, or any replacement body of the same (or where the domain is registered with a registrar in a different jurisdiction, any equivalent body or registrar), makes any complaint in respect of the use of the domain name including but not limited to 'cybersquatting', We reserve the right to immediately cancel this service and no refunds shall be made. You will co-operate with us in respect of any complaint.
Customers should be aware that the domains purchased with the intent of selling prescription drugs, via a company not properly licensed in the destination country, could be frozen pending a legal appeal. We have no control over this process and disputes will need to be handled through the proper legal channels in the disputed country.
We reserve the right to change the registrar that a domain is held with, at its own discretion and without notice.
If you are registering a domain on behalf of a third party you are obligated to ensure the domain owner is made aware of and adheres to these terms and conditions.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. OCS Hosting Service may report any such misuse or fraudulent use, as determined in OCS Hosting Service sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies. An additional 500% penalty will be imposed on the customer who used such fraudulent payment method.
If any amounts due hereunder are not received by OCS Hosting Service by the due date, then at our discretion, such charges may accrue late interest at the rate of 12% or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. In addition, upon 10 days written notice, OCS Hosting Service may suspend your access to the services if OCS Hosting Service does not receive the amounts invoiced hereunder at the expiration of such period.
SUSPENSION OF ACCOUNT FOR NON PAYMENT
Your account will be suspended or locked at our discretion if charges or monies are owed in respect of any 35 day period for which service has been enjoyed, however caused. If your account is placed in suspension, it may or may not remain functional, but your application will be suspended and stop being available, and you will be denied access until we have received payment of charges or monies due. Suspended accounts will be deleted from our systems after 30 days have elapsed from suspension of an account.
HOSTING TRIAL OFFERS, UPGRADE & CANCELLATION
- Valid contact information must be provided during the registration procedure;
- Hosting trial offers requires a valid payment method. When you begin the trial, OCS Hosting Service creates a billing account for you and credits $10 to your account. Anything you do that would normally result in a charge is billed against this credit;
- The trial period begins on a the date the you take the requisite steps to associate the product with a domain name and email address if such date occurs within agreed days of the date you order the trial;
- or the date you order the trial if the requisite steps are taken to associate the product with a domain name and email address within the agreed days of such order;
- If you do not upgrade the product to paid tier prior to the end of the trial period, your service will automatically be terminated and data erased. Removed resources are not recoverable;
- For trial offers with payment upgrade path, customers who do not cancel the product prior to the end of the trial period will be automatically charged at the end of the trial period for the full price of the product. In such a case, the expiration date of the product will be calculated from the date that the trial period ended;
- All domain purchases are final including domain purchased for use with a web hosting trial offer. You will have the option to move the domain after 60 days from the date of purchase should you wish to terminate your hosting before the trial ends. Please see ICANN Transfer Policy for more information.
OCS Hosting Service offers, as part of the Services available to you, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between you and OCS Hosting Service. Nothing contained in any agreement executed between you and a third party provider shall eliminate, reduce or add to the obligations of OCS Hosting Service as described herein.
OCS Hosting Service shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by you or OCS Hosting Service. You agree to take full responsibility for all taxes and fees of any nature associated with such products sold.
Each tier of the OCS Hosting Service Reseller Program has its own pre-determined resources which is also will be the resources available to you as the Reseller. You agree that your Master Reseller resources are the resources that the accounts you own will have access to. Should you need additional resources beyond what your present Reseller tier has access to, you agree that you will add the resources you need and will be billed as needed or upgrade to the next available Reseller tier.
You are responsible for any and all activities that occur under your account. You agree to notify OCS Hosting Service immediately of any unauthorized use of your account or any other breach of security. OCS Hosting Service will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by OCS Hosting Service or another party due to someone else using your account or password. You may not use anyone else’s account at any time.
If you provide any information that is false, inaccurate, out of date or incomplete, or if OCS Hosting Service has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, OCS Hosting Service may suspend or terminate your account and refuse any and all current or future use of our services, our website or any portion thereof.
- Use of our services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and scope of service.
- You agree that they have the necessary knowledge to use the services we provide. You agree that it is not the responsibility of OCS Hosting Service to provide this knowledge or customer support outside of the defined service of OCS Hosting Service.
- We shall use reasonable endeavors to correct any fault in the services and/or on the website, and to respond to questions relating to use of the system and the website, provided always that users request technical support by submitting a ticket using the customer portal.
- technical support provided shall be solely in relation to the service and/or the website and will not general technical or Internet training.
- No technical support shall be provided where the same is required due to:
- use of the service or the website other than in accordance with these Terms of Service, the improper use, operation or neglect of the service or the equipment upon which it is run or the use of the Service for a purpose for which it was not designed.
- the modification of the service or its merger in whole or in part with any other software or service except as permitted by these Terms of Service.
- your failure to implement any recommendations in respect of or solutions to faults previously advised by us.
- a fault in yours or any third party software or applications or any upgrade or new release in respect thereof, or
- a fault in the equipment or in any other software operating in conjunction with or integrating with the service.
- we shall not provide technical support in respect of:
- rectification of lost or corrupted data arising for any reason other than our own negligence.
- loss or damage caused directly or indirectly by operator error or omission, or
- rectification of any fault that cannot be replicated by us.
OCS Hosting Service will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
OCS Hosting Service reserves the right to police its network to verify compliance with all agreed upon Terms.
You agree to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
OCS Hosting Service reserves the right to disconnect any website or server deemed to present a security threat to OCS Hosting Service's customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by OCS Hosting Service is grounds for termination of all services.
We make no warranties or representations of any kind, (whether expressed or implied) for the services we are providing. OCS Hosting Service also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that you may suffer, including loss of data resulting from delays, non-deliveries or service interruptions by any errors or omissions caused by you.
Use of any information obtained by way of OCS Hosting Service is at your own risk, and OCS Hosting Service specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Any mention of connection speeds associated with OCS Hosting Service's Services represents the maximum achievable speed. OCS Hosting Service does not guarantee that you will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). OCS Hosting Service expressly limits its damages for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
OCS Hosting Service specifically denies any responsibilities for any damages arising as a consequence of an improper use of the services we provide.
All domain names registered through OCS Hosting Service or its previous domain registration site that are 'parked' or are otherwise not immediately associated with a OCS Hosting Service hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via our service. The Coming Soon web page may be modified at any time by OCS Hosting Service without prior notice to you and may include such things as, without limitation, links to additional products and services offered by OCS Hosting Service.
OCS Hosting Service will make reasonable effort to make the service available 99.9% of the time during each monthly billing cycle. If OCS Hosting Service is unable to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based upon the unavailability for that month.
- For the purposes of this agreement, Unavailability means that either:
- the service is unresponsive, or
- has return a server error response to valid user requests for more than 300 seconds of consecutive requests.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 1-24 hrs in advance, and does not exceed one hour in any month.
You are entitled to compensation if your web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in OCS Hosting Service systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on your part.
OCS Hosting Service assessment of downtime begins when Customer opens a support ticket to report the problem.
Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
COMMUNICATIONS WITH US
You agree with respect to any communications made by you to us via e-mail, our support forums or other means, that:
- we are under no obligation to act upon such communication, and
- the communication is non-confidential and
- we may use, disclose, distribute or copy the communication and may use any ideas, concepts or know-how contained in the communication for any purpose without compensation to you, and
- the communication is truthful, and
- issue of the communication does not violate the legal rights of others.
At all times, you may provide us with feedback, including but not limited to suggestions, observations, errors, problems defects regarding the Service and/or the Website at www.ordercloudserver.com.
TERMINATION OF THE SERVICE BY YOU
You may cancel your account at any time. You are responsible for properly canceling your account by notifying us via links contained with the account management section of the website. We shall not act upon telephone or requests to close by facsimile or email. We reserve the right to not cancel any account until we are satisfied that the request is genuine and issued by an authorized source. Upon cancellation, your account shall be immediately deleted from our systems and you shall not be charged again. Please be aware that we may for a time retain residual information in backup and/or archive files of our database.
TERMINATION OF THE SERVICE BY US
We may at our sole discretion cancel the service and terminate any agreement and suspend use of and access to any account or user account at any time, without notice.
No refund or reimbursement of any kind is issued when an account is terminated account if you fail to comply with the terms of this contract, including non-payment. We reserve the right not to disclose any reason for cancellation of the service, however we shall issue notice to you of suspension, although successful delivery of such a notice which shall be in writing and in electronic form, shall have no bearing as to the validity of suspension.
Examples not restricted of circumstances which will result in cancellation of an account are:
- violation of this Terms of Service, Security & Abuse Policy or Acceptable Use Policy
- failure to pay amounts due to us on the due date for payment.
- if we have reason to believe that the payment mechanism used by you is being operated in a fraudulent manner or may be used for fraudulent intention.
- if you provide an incorrect or inaccurate contact and personal information.
- you fail to comply with all provisions of these Terms of Service as updated and amended.
- if we consider your attitude towards us to be offensive, abusive or disruptive to us or our service.
- if you fail to cooperate with any investigation undertaken by us or by any third party with whom we are obliged to co-operate.
- if you or the organization by whom you are authorized, goes into liquidation or administration, or has a receiver or manager appointed, or becomes insolvent, or makes any arrangement with its creditors, or becomes subject to any similar insolvency event in any jurisdiction.
- if we consider your use of the service to be unacceptable.
- if we consider that you are not using the service in a manner not consistent with any applicable local, state and federal laws.
Termination of the service is without prejudice to you and our right. On termination of the service, you will remain liable for any charges and amounts which become due for payment before or after termination.
RE-ACTIVATION OF ACCOUNTS
If an account is canceled and terminated for violation of our terms, a new account can only be opened, subject to satisfactory completion of authorization routines set in place and adopted by us.
If an account is canceled and terminated for non-payment, OCS Hosting Service reserves the right to charge a reinstatement fee of $50 USD.
OCS PRIVATE SERVERS
- Bandwidth pricing and measurement frequency are subject to change at OCS Hosting Service's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by OCS Hosting Service.
- OCS Hosting Service is under no obligation to compensate you for downtime, whether the downtime is caused by you, OCS Hosting Service, or OCS Hosting Service's upstream providers.
- You agree that server payments are NONREFUNDABLE.
For example, if you submit payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded even if you choose to discontinue service with OCS Hosting Service mid-way through the term.
Services will be billed on a monthly basis; existing customers may remain on a pre-paid billing plan, but new customer accounts will be subject to a usage-billing plan.
Termination or upgrades of services will result in the following refund and billing procedures:
- Pre-Paid Billing Plan: Any termination or upgrade will result in a refund of the prorated value of the plan for the last billing period.
- Usage-Billing Plan: Any termination will result in you being billed for usage, rounded up to the nearest hour.
- Hardware upgrades to an existing 'platform' performed by OCS Hosting Service shall incur an additional one-time labor fee of $100 as well as an increase to your standard monthly rate.
- Any hands-on labor necessitated by you (including, but not limited to, re-installing the operating system on the server) shall be performed by OCS Hosting Service and shall incur an additional one-time labor fee of $100 for each incident.
- OCS Hosting Service reserves the right to alter the server packages advertised on its website at its discretion. OCS Hosting Service is not required to upgrade your hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated with any such hardware upgrade requested by you. You will not be required to upgrade hardware as a result of a pricing change.
- For managed servers, OCS Hosting Service is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of packages that come installed with the server). OCS Hosting Service may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well as upgrading the entire operating system).
If you purchase an unmanaged server not using the security suite we provide as add-on products, you will be responsible for keeping the security of their system up to date.
This includes but is not limited to the following requirements:
- The kernel will be patched within 7 days of any announced security hole relating to the kernel
- Any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
- OCS Hosting Service is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. OCS Hosting Service reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of OCS Hosting Service's network.
OCS Hosting Service provides backup assistance on its servers, it is provided, without additional charge without additional charge. This back-up is retained for a week and then over-written. OCS Hosting Service has no liability for any lost or corrupted data resulting from the provision of this courtesy service. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the services, including data loss.
OCS Hosting Service also provide enterprise-grade back-up options that are available to you as a courtesy without additional charge via our control panel. You are responsible for making use of these back-up options and for maintaining all backups for all your data on our servers.
BACKUP AS A SERVICE
OCS Hosting Service offer backup-as-a-paid service and retain such data backups for 45 days. However, you can purchase a longer data retention period for up to 5 years.
In all events, you release OCS Hosting Service from liability for loss of data to the extent that the data has changed since the time that we perform a backup.
BANDWIDTH FEES & FAIR USE POLICY
Network resources are shared between our customers even for web hosting accounts that have access to unlimited, non-metered bandwidth traffic. To guarantee the very best service for all of our customers, OCS Hosting Service reserves the right to limit a service's outgoing public bandwidth by up to 50% if it negatively affects network quality for other customers. Should you need guaranteed bandwidth, you can purchase additional bandwidth as an add-on package at the cost of $0.85 per GB.
OCS Hosting Service may use affiliates and third party service providers to perform all or any part of the services, but OCS Hosting Service remains responsible performed by any affiliate or third party service provider to the same extent as if OCS Hosting Service performed the services.
DATA CENTERS & LOCATION
OCS Hosting Service offers services in different regions around the world. You may select where your data is stored, and we will store it there.
Should there be a reason to relocate your data to another region that the one your data is currently stored in, we will do with your consent. We will also give you reasonable advance notice and use all reasonable endeavors to minimize the effect that such change will have on your use of the services.
SECURITY SCANS AND PENETRATION TESTING
OCS Hosting Service automatic website scanning is a complimentary security service that aims to reveal, with the aid of our security tools, any known vulnerabilities that may be a potential risk to our customer website(s) & its visitors.
OCS Hosting Service cannot guarantee that the scans will uncover all known vulnerabilities at the time of the scans or thereafter and thus cannot be held responsible or liable in any way for vulnerabilities not identified by the scans; this includes attacks carried out after the scans have been completed.
Due to the frequent discovery of new vulnerabilities, OCS Hosting Service cannot guarantee that the subject of the scans will be risk-free from hackers and can accept no liability if the scanned subject is successfully hacked or exploited in any way following any scan by OCS Hosting Service.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE& BASIS, WITHOUT ANY WARRANTIES WHETHER EXPRESSED, IMPLIED BY STATUTE CUSTOM OR USAGE RELATING TO INFORMATION CONTAINED ON OUR WEBSITE, IncLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ALL IMPLIED WARRANTIES, IncLUDING WARRANTIES OF FITNESS FOR PURPOSE, MERCHANTABILITY, CORRECTNESS, COMPLETENESS, CURRENCY, OR OTHERWISE ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS, NOR THAT THE SERVICES WILL BE PROVIDED SECURELY, WITHOUT ERRORS OR BE UNINTERRUPTED.
LIMITATION OF LIABILITY
NOTHING HEREIN SHALL LIMIT EITHER PARTYS LIABILITY FOR DEATH, PERSONAL INJURY, FRAUD OR FRAUDULENT MISREPRESENTATION.
UNDER NO CIRCUMSTANCES WILL OCS HOSTING SERVICE, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR:
- ANY MODIFICATION, SUSPENSION, INTERRUPTION, DELAY OR DISCONTINUANCE OF THE SERVICE, WHETHER CAUSED BY US, YOU OR BY ANY THIRD PARTY. ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE ARISING FROM USE OF OR RELIANCE UPON THE SERVICE AND/OR THE WEBSITE. ANY DAMAGES TO EQUIPMENT OR VIRUSES THAT MAY INFECT ANY COMPUTER EQUIPMENT OR OTHER PROPERTY RESULTING FROM ACCESS TO OR DOWNLOADING OF ANY CONTENT FROM THE SERVICE AND/OR THE WEBSITE.
- ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. ANY INJURY, DEATH, LOSS, CLAIM, HOWEVER CAUSED, INCLUDING: WAR, WEATHER, INTERNET FAILURE, EQUIPMENT FAILURES, POWER FAILURES, STRIKES, RIOTS, LABOUR DISPUTES, CIVIL DISTURBANCES, SHORTAGES OF LABOUR, FIRES, FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING, FLOODS, STORMS, EXPLOSIONS, TERRORISM. ACTS OF NATURE, ACCIDENTS, GOVERNMENTAL ACTIONS, COURT OR TRIBUNAL ORDERS WHETHER DOMESTIC OR FOREIGN, NON-PERFORMANCE OF THIRD PARTIES.
- NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, DATA, DIRECTLY OR INDIRECTLY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.
- DAMAGE CAUSED BY COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROGRAMS WHICH MAY HAVE BEEN INADVERTENTLY DOWNLOADED FROM THE SERVICE AND/OR THE WEBSITE, WHICH MAY IMPACT UPON USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACOUNT OF YOUR ACCESS TO, USE OF OR BROWSING OF THE SERVICE AND/OR THE WEBSITE.
OUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE FEES PAID BY YOU HEREUNDER IN THE 1 MONTH PERIOD PRIOR TO THE DATE OF THE CLAIM.
THE LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES OR USE OF THE SERVICE AND/OR THE WEBSITE, FROM INABILITY TO USE THE SERVICES AND/OR THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE AND/OR THE WEBSITE INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE AND/OR THE WEBSITE OR ANY INFORMATION WHICH IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold us, our affiliates, Directors officers, partners, employees and agents harmless from and against any and all claims, obligations, losses, liabilities and expenses including reasonable attorneys fees and costs incurred by us arising from or due to claims made by third parties that arising out of liability claims for:
- products or services sold by you or your customers or
- any other transactions between you and third parties or
- any breach of these Terms or Service by you or by anyone acting on your behalf or
- any use or alleged use of the service and/or the Website under your account including the account of any User authorized by you by any person, whether or not authorized by you. or
- any breach by you of this Terms of Service.
If we, our affiliates, or any of our or their respective employees, agents, or suppliers "the Indemnitees" is faced with a legal claim by a third party arising out of your actual or alleged negligence, breach of law, failure to meet the security obligations required by the Agreement, breach of the AUP, breach of your agreement with your customers or end users, then you will pay the cost of defending the claim including reasonable legal fees and any damages award, fine or other amount that is imposed on the Indemnitees as a result of the claim. Your obligations under this clause include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to the services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. You must also pay reasonable legal fees and other expenses we incur in connection with any dispute between persons having a conflicting claim to control your account with OCS Hosting Service, or any claim by your customer or end user arising from an actual or alleged breach of your obligations to them.
We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. We may not settle the claim without your consent, although such consent may not be unreasonably withheld, delayed or conditioned. You must pay reasonable legal fees and expenses due under this clause as we incur them.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. The term breach of these Terms of Service excludes any third party claims due to our negligence in connection with providing products or services to you under this Agreement.
You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the The International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you covenant that it shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from OCS Hosting Service under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, OCS Hosting Service from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
ACQUISITION OR MERGER
While OCS Hosting Service will continue offering its services into the foreseeable future, in an event that we or our services are acquired by another third-party, either through a merger or acquisition, customers will be given 60 days to either accept the Terms by the new owners and continue hosting their data/website with the new owner or migrate their date off the platform.
ENFORCEABILITY OF TERMS AND SEVERABILITY
If any of these Terms of Service shall be determined to be unenforceable or invalid by a court of law of competent jurisdiction, the relevant provision will be enforced to the fullest extent permitted by applicable law and the other provisions of these Terms of Service shall remain valid, enforceable and in full force and effect. The failure of us to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision, nor shall this affect the credibility or enforceability of such a right or provision. Furthermore, such a failure of us to exercise or enforce any right or provision shall not affect its validity or constitute a waiver of future enforcement of that provision or any other provision of the Terms of Service.
Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access or use the service and/or the website license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way.
WAIVER OF PROVISIONS OF THESE TERMS OF SERVICE
Any waiver of any provision of these Terms of Service shall be effective only if in writing and signed by a properly authorized representative of OCS Hosting Service.
These terms are subject to, and the parties hereby submit to, the exclusive jurisdiction of the States or country where we have a physical office as listed on our website.
Any information presented in any format by the software may not be sent, copied to or disclosed to any third party without our express written consent. The contents of the Service may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. The copyright of all material including the look and feel of the Service is copyright © OCS Hosting Service. All rights reserved. You may not duplicate, copy or re-use any part of the Service without express written permission of OCS Hosting Service.
TRADEMARKS AND PATENTS
The trademarks, service marks and logos used and displayed by the service are registered and unregistered trademarks and service marks of OCS Hosting Service. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any trademark, service mark or logo used or displayed on our website, without the express written permission of OCS Hosting Service.
OTHER TERMS AND POLICIES
You agree to abide by the terms set forth in this Terms of Service as well as other OCS Hosting Service policy documents including, but not limited to the following, each of which are incorporated herein by reference, and together with the Terms of Service, constitute the entire agreement of the parties.
All user-related information collected by us shall remain strictly confidential at all times. We do not share, divulge or sell such information unless we are required to do so by applicable law although we may share User Originated Data to other entities in which we have a business interest. However, we reserve the right to co-operate with any law enforcement authority in prosecuting Users who violate Terms of Service or in circumstances where we are obliged to co-operate with a competent law enforcement authority. This clause shall not apply to any information that:
- is or becomes public knowledge other than by a breach of this clause.
- is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure.
- is in our possession without restriction in relation to disclosure before the date of receipt from the disclosing party. or
- is independently developed by us.
We may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of outdated products or Services, additional fees, and changes to our policies among others. In some instances, we may provide you with additional notice of updates including but not limited to adding a statement to the website, via the newsletter, or sending you an email notification. However, it is your responsibility to periodically check for the current version of our Terms by visiting this page (and other pages referenced in the Terms).
If you continue to use or access the Services after the effective date set forth above, you agree to be bound by any revised Terms, and all other terms or policies incorporated herein either directly or by reference.
The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.