HOSTING TERMS OF SERVICES
We the folks here runs a blog hosting, website hosting and domain hosting platform called OCS Hosting Service and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, be responsible in how you use our services and do take the time to read this. It is a legal document and must be treated as such.
The Hosting Services Agreement is effective as of the date of the email sent to you by OCS Hosting Service expressly confirming acceptance of your order or the date you accept the Agreement as part of OCS Hosting Service’s online order process.
NATURE OF TERMS
These terms govern the use of www.ordercloudserver.com developed and owned by OCS Hosting Service for use by you. Please read this carefully.
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 the website located at the url: www.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:
- 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.
- 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 passwords. 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.
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:
i You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; ii You acknowledge and agree that Your use of the Beta Services may expose You to unusual risks of operational failures; iii The Beta Services are provided as is, so We do not recommend using them in production or mission critical environments; iv We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; v 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; vi OCS Hosting Service may limit availability of customer service support time dedicated to support of the Beta Services; vii 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 will 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; viii 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; ix 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.
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 iou 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. All paid Services are non-refundable, unless otherwise specified.
TERMS OF OUR FREE HOSTING TRIALS
The trial period begins on a the date the customer takes the requisite steps to associate the product with a domain name and email address if such date occurs within agreed days of the date the customer orders the trial; or b the date the customer orders the trial if the customer does not take the requisite steps to associate the product with a domain name and email address within the agreed days of such order.
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. Please note that all domain purchases are final. You can however move your domain with you should you wish to terminate your hosting before the trial ends.
Valid contact information must be provided during the registration procedure;
You can only have one service of each type;
These prohibited activities will result immediate termination of services;
a. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
b. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
c. upload, post, or transmit unsolicited commercial email or spam. This includes unethical marketing, advertising, or any other practice that is in any way connected with spam, such as i sending mass email to recipients who haven’t requested email from you or with a fake return address, ii promoting a site with inappropriate links, titles, descriptions, or iii promoting your site by posting multiple submissions in public forums that are identical;
d. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Violation of these terms will result in immediate services termination.
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 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.
By using a promotional "promo" code you waive the option to indicate who referred you to OCS Hosting Service. You may not change or submit a promo code or referrer after you have finished signing up. Promo codes referrers are for new customers only or in some special cases, as may be assigned by OCS Hosting Service approved representative.
You agree that we may immediately charge you for all charges or monies owed in respect of service consumed free beta periods and free limited use excepted. By using the service, you are expressly agreeing that we are permitted to bill you charges associated with the price plan, any applicable tax and duties. The charge shall constitute a request for payment against your payment method. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information in your account. If your designated payment method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that payment method and you remain responsible for any charges that we are unable to collect.
We reserve the right to amend charges or monies chargeable at any time, save that no increase in the charges or monies may take effect in respect of any period for which payment has been made in advance. You shall be notified of a change in charges or monies payable before the revised fee becomes chargeable.
We do not make refunds. If and when it is done, it will be at the sole discretion of an approved OCS Hosting Service representative.
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 a customer about a domain renewal. Domain renewals are billed and renewed thirty 30 days before the renew date.
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.
All fees quoted are stated exclusive of value added tax and all other applicable sales tax, if chargeable. all other taxes, levies and duties imposed by taxing authorities imposed upon the Service are also excluded and you shall be responsible for payment of all such taxes, levies, and duties if payable. You agree to pay for any such taxes that might become applicable to your use of the Service.
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.
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 via the following options:
- by submitting a ticket using customer portal
- by sending an email to support at ordercloudserver.com.
- 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.
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 to hi at 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 of any kind is issued to terminated account. 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:
- You violate this Terms of Service or Acceptable Use Policy
- You fail to pay amounts due to us on the due date for payment.
- 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.
- Incorrect or inaccurate contact and personal information has been provided by you.
- You fail to comply with all provisions of these Terms of Service as updated and amended.
- We consider your attitude towards us to be offensive, abusive or disruptive to us or our service.
- You fail to cooperate with any investigation undertaken by us or by any third party with whom we are obliged to co-operate.
- 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.
- We consider your use of the service to be unacceptable.
- We consider that you are not using the service in a manner which is consistent with any applicable local, state and federal laws.
- Termination of the Service is without prejudice to your and our rights and obligations accrued up to and including the date of termination. On termination of this Agreement you will remain liable for any charges and amounts which become due for payment before or after termination.
RE-ACTIVATION OF ACCOUNTS
Once canceled or terminated, under no circumstances are accounts re-activated. A new account may be opened, subject to satisfactory completion of authorization routines set in place and adopted by us.
By using the service, you are deemed to have confirmed that the service is not in conflict with any laws in country or State in which it is operated by you.
DISCLAIMER OF WARRANTIESstrong> — 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 LIABILITYstrong> — 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.
PROMISES WE DO NOT MAKE
We do not promise that the services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information and property.
We disclaim any and all warranties not expressly stated in the Agreement to the maximum extent permitted by law, including the implied warranties relating to satisfactory quality and fitness for a particular purpose. You are solely responsible for the suitability of the services chosen. Any services that we are not contractually obligated to provide but that we may perform for you at your request and without any additional charge are provided on an ‘AS IS’ basis.
We do not have knowledge of the data you store within your hosted system, including the quantity, value or use of the data. You are therefore responsible to take all reasonable steps to mitigate the risks inherent in the provision of the services, including data loss. The services that OCS Hosting Service has agreed to provide to assist you to mitigate such loss if required are set out in the Services Description, which may include backup services and geographically redundant servers. OCS Hosting Service does not promise to back up your data unless you have purchased backup services. If you purchase backup services OCS Hosting Service does not promise to retain any data backups for longer than 7 days. In all events, you release OCS from liability for loss of data to the extent that the data has changed since the time that we were last required by the Agreement to perform a backup.
We will provide support only to your administrative or technical contacts listed on your account. We will not provide support directly to your end users unless specifically agreed in writing.
Certain OCS Hosting services are designed to help you comply with various regulatory requirements that may be applicable to you. However, you are responsible for understanding the regulatory requirements applicable to your business and for selecting and using those services in a manner that complies with the applicable requirements.
Let us try to sort things out first. We want to address your concerns without needing a formal legal case. Before filing a claim against OCS Hosting Service, you agree to try to resolve the dispute informally by contacting dispute-notice at ordercloudserver.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 25 days of submission, you or OCS Hosting Service may bring a formal proceeding.
We shall not be liable to you or any third party, firm or entity for any failure of performance under applicable Terms of Service if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, national emergencies, lock outs, work stoppages, labor shortages, shortages, breaches or delays, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences. any law, order, regulation, direction, action or request of any government including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments.
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 Customer under this Agreement.
Each of us agrees to comply with our respective obligations under the Data Protection Act 1998 the Act as applicable to personal data that it controls or processes as part of, or in connection with, its use or provision of the services. Specifically, but without limitation, you must comply with the Act as it relates to personal data that you store or transfer using your hosted system. You agree that, subject to the requirements of this paragraph and OCS Hosting Service obligations, OCS Hosting Service may give its affiliates and subcontractors outside of the U.S access to personal data you store on your hosted system. We agree that we will not provide access to personal data that you store on your hosted system to any subcontractor or affiliate unless that person meets the requirements stated below during the entire time that it has access to the personal data.
For personal data for which we are a controller under the Act, the affiliate or subcontractor to whom we transfer the personal data i is located in a country for which the European Commission has made a positive finding of adequacy, ii is located in the United States and has certified to the United States Department of Commerce that it adheres to the Safe Harbor framework developed by the United States Department of Commerce in coordination with the European Union, or iii has signed the standard contractual model clauses for the transfer of personal data from either: a OCS Hosting Service to a processor, or b OCS Hosting Service to a controller who is based in a country that is not recognized as offering an adequate level of data protection; and
For personal data for which we are a processor under the Act, the affiliate or subcontractor that has access to the hosted system has signed a data processing agreement with us.
We welcome your feedback, ideas or suggestions but you agree that we may use your feedback without any restriction or obligation to you, even after this Agreement is terminated.
You agree that we may publicly disclose that we are providing Services to you and may use your name and logo to identify you as our customer in promotional materials, including press releases. We will not use your name or logo in a manner that suggests an endorsement or affiliation.
EXPLOITATION OF THE SERVICE
A user will not sell, resell or exploit any portion of the service. Such exploitation includes but is not limited to: reverse engineer, decompile or disassemble any of the software used to provide the service and/or the website. reproduce, duplicate or copy or exploit any portion of the service and/or the website. interfere with or disrupt the service and/or the website, or any servers or networks connected to the service and/or the website, or disobey any requirements, procedures, policies or regulations of networks connected to the service and/or the website. obtain, collect, store or modify the personal information about other user. upload, post email or transmit information or materials, unsolicited or unauthorized marketing or promotional materials. undertake any actions which result in the interruption of the service to you or any other user.
Your use of the Service is at your own risk. Your use and operation of the Service or the website owned or controlled by us is at your sole discretion and risk.
Excessive usage of the service and/or the website may result in the temporary or permanent suspension of your account. The definition of excessive usage is entirely at the sole discretion of OCS Hosting Service.
You understand that:
- Any errors, accidents, omissions, interruptions, delays, errors or defects in transmission or service which are caused or contributed to, directly or indirectly, by an act of yours shall not result in the imposition of any liability upon us and you shall pay to us any reasonable costs, expenses, damages, fees or penalties incurred by us as a result thereof, including labor and materials.
- Inappropriate use by you may subject you to civil liability and/or criminal penalties.
- You agree that the following conduct by your representatives is solely at your risk and expense:
- unauthorized creation of or use of an Account. and
- use of the service, website or use of content in any manner that is not permitted by these Terms of Service.
RESPONSIBILITY OF VISITORS
OCS Hosting Service has not reviewed, and cannot review, all of the material, including computer software, posted to our services, and 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 there posted or hosted, 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 viruses, worms, Trojan horses, and other harmful or destructive content. Our services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Websites hosted on behalf of customers may also 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 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.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which our customers website links. OCS Hosting Service does not have any control over any hosted websites on our platform, is not responsible for their contents or their use nor does it represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. OCS Hosting Service disclaims any responsibility for any harm resulting from your use of any hosted website or webpage.
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 here. You can learn more about domain name registration generally here.
THIRD PARTY VENDORS
You understand that we make use of services provided by third party vendors to provide the necessary hardware, software and networks required to run the service, the operation of which we exercise no control. You understand that the processing of the Service may be subject to changes in order to adapt to connecting networks and that your data or data of use to you may be transferred in an unencrypted form and thus subject to vulnerability from circumstances beyond our control.
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.
DATA CENTRES & LOCATION
We and our partners are constantly upgrading our data center facilities and in order for you to benefit from this, you agree that we may relocate your servers within our data centers, make changes to the provision of the services, URLs and your IP addresses and may establish new procedures for the use of the Services. We may also make changes to DNS records and zones on OCS Hosting Service operated or managed DNS servers as we deem necessary for the operation of the shared network infrastructure. In each case, we will 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.
Customer may select where certain Customer Data will be stored, and OCS Hosting Service will store it there in accordance with the Service Specific Terms. If a Data Location Selection is not covered by the Service Specific Terms or a Data Location Selection is not made by Customer with respect to any Customer Data, OCS Hosting Service may process and store the Customer Data anywhere OCS Hosting Service or its agents maintain facilities. By using the Services, Customer consents to this processing and storage of Customer Data. Under this Agreement, OCS Hosting Service is merely a data processor.
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.
We have taken reasonable steps to ensure that there are appropriate security measures in place to protect your information.
By using the Service and/or the Website you agree that we may communicate to you information on the services we provide. You may request not to receive this information at any time.
LINKS TO OTHER SITES
If links exist, we shall not be held responsible for linked sites or their contents. We are not responsible for the actions, content or privacy policies of those websites to which our website may link. Such sites are subject to their own terms, conditions and privacy policies.
OWNERSHIP OF TITLE
By accepting these terms you acknowledge and agree that, OCS Hosting Service owns all rights to, title, and interest in the service and/or the website, including all intellectual property rights therein.
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.
OCS Hosting Service reserves the right, at its sole discretion, to modify, discontinue or terminate the Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on our website or provide you with notice of the modification; provided, however, that unless otherwise mutually agreed by OCS Hosting Service and account owner in writing, no such modification, discontinuation or termination shall be effective until account owner next renewal date.
By renewing your subscription and continuing to access or use the service after we have posted a modification to these Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using all the service. Neither party shall assign any of its rights, obligations or licenses hereunder without the prior written consent of the other party; provided, however, that either party may assign this Agreement and its rights and obligations hereunder to a successor of such party by way of merger, consolidation or acquisition of all or substantially all of the assets or business of such assigning party so long as such successor shall agree to be bound by all of the terms and provisions hereof.
OCS Hosting Service and account owner are independent contractors, and neither OCS Hosting Service nor account owner is an agent, representative, employer, employee, or partner of the other. OCS Hosting Service and account owner shall each have sole responsibility for all acts and omissions of their respective personnel. This Agreement sets forth the entire agreement between OCS Hosting Service and account owner.
This Agreement shall be governed by and construed in accordance with the laws of the countries or states where we have a physical address as may be listed on our website, without giving effect to principles of conflicts of law. Any notices under this Agreement shall be sent to OCS by electronic mail at legal at ordercloudserver.com and such notice shall be deemed given upon receipt. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be unenforceable in any respect, then such provision will be severed and the remaining provisions of this Agreement will remain in full force and effect.