Last Changed: 26/08/2017
The content on this page are subject to change at any time and without notice at the sole discretion of Orcabox. A change in policy shall not be grounds for early contract termination or non-payment. You recognize that the nature of the Service supplied and the initial rates and charges have been communicated to you. You should be aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. You will be notified of any increases in rates or charges at least 7 days prior to the billing renewal date on which such increases will take effect. Violations of any of these rules may cause immediate account suspension or, in extreme cases, termination. The suspension period will be determined by us and may vary for different offences. During the suspension period, access to your VPS, hosting account and / or website will be completely blocked but client area access will not be affected. Orcabox reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Orcabox reserves the right to issue a fine of $100 and immediately terminate all Services provided to the client.
Eligibility & Registration
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. By using the Services, you represent and warrant that you are 13 years of age or older. If you are under the age of 13, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
Information about yourself that you have provided should be correct at all times. If we found out that you have been using false information to represent yourself, we may terminate your services with us immediately and no refund will be provided.
Orcabox aims to minimize the amount of information collected from our clients.
We respect the privacy of our clients and collect only information required to keep your service(s) active.
We may collect any information of your required particulars, e.g. name, email address, telephone number, address and/or the usage of your website if necessary. Information is only collected from you on a need basis.
Information collected from you, e.g. name, email address, telephone number, address and/or the usage of your website will be distributed to law enforcement agencies when required. We will disclose any information you have provided upon the law enforcement agencies’ request. Orcabox will always work with the respective law enforcement agencies. Information will only be disclosed to law enforcement agencies, or upon request with a valid governmental or law enforced identification.
Virtual Private Server
We do not snoop around in any of our clients’ virtual private server or track your exact usage.
Before entering a VPS, we will request permission from our clients first unless entry is due to law enforcements.
You agree that through the usage of our services, you shall only upload LEGAL materials and use our services in accordance to the laws of the United States of America. This include but is not limited to materials promoting terrorism, child pornography, and SPAM. Pages in your site may not link to illegal material or pages with illegal material, even if it’s allowed by the law of the country you reside in. This includes, but not limited to, warez-linking or illegal files hosted on a 3rd part site (e.g. Rapidshare). You may not use nulled scripts, under any circumstances, even if it’s allowed by the law of the country you reside in. This includes, but not limited to, removing a script’s copyright without proper permission from the author. In addition to the regular laws imposed we have several other rules you have to abide by. You may not host any illegal torrent or torrent tracker in your hosting account. You are allowed to, however, host LEGAL torrents, such as CentOS, Ubuntu distributions. Keep in mind, however, that the hosting of such torrents should not affect service to any other users on our network. You are asked, however, to limit the network bandwidth of the torrent program (rTorrent, uTorrent etc.) to 1Mbps (~1000Kbps). You may not use our Services host any material that can be categorized as pornography, including legal pornography. You may, however, use our Services to host nude art. IRC usage shall be allowed, unless it causes interruptions to other users on our network. Minecraft hosting on all our OpenVZ servers is not allowed.
SPAM (Sending Unsolicited Email), Phishing, and Fraud
You may not perform any of these activities on our Service provided to you. The offender will have their service suspended until valid explanation is provided. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the VPS the abuse was initially sent from (via IP and, in some cases by domain) and create a ticket on behalf of the user who occupies the VPS with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
When we, or any of its upstream provider(s), receives any abuse, spam, phishing, fraud complaints, the standard procedure taken is:
An abuse ticket in the Client Area is opened, and it serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 24 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 24 hours of an abuse ticket being opened. If a response is not received within 24 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the VPS temporarily to prevent further abuse until a response is received. If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response. we reserve the right to assess a $30 fine at this time. Habitual neglect of abuse occurring on a client’s server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
Violation of Copyright, Trademark, Patent or Trade Secret
You may not use our Services to violate copyrights of any kind or to upload materials that violate copyrights of any kind. All materials you have uploaded through our Service must have received permission from the author. You may not host any copyrighted material on our Service unless you have obtained proper permission from the author. We take violations of DMCA very seriously. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) will apply to issues presented by allegations of copyright violations by third parties. Orcabox will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Orcabox is violating its intellectual property rights, it should notify us by email at [email protected] A notification should include information reasonably sufficient to permit Orcabox to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
Payments and Billing
If the Service provided to you has exceeded the bandwidth limit, the Service will automatically be suspended. Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.30 (thirty cents) over the allotted bandwidth on the service. Orcabox reserves the right to refuse service for the next month if bandwidth overage is not paid. Orcabox is not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services. To avoid service disruption, if client is issued an “expected to exceed bandwidth” notification, clients should start making arrangements, such as purchasing the bandwidth upgrade on the “Product Addons”.
We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for error by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment
Subscriber is solely responsible for the preservation of Subscriber’s data which Subscriber saves onto its virtual server (the “Data”). Even with respect to Data as to which Subscriber contracts for backup services provided by Orcabox, Orcabox shall have no responsibility to preserve Data. Orcabox shall have no liability for any Data that may be lost, or unrecoverable, by reason of Subscriber’s failure to backup its Data.
We reserve the right, in our sole discretion, to terminate all your access to our Service provided to you at any point of time with or without notice and with no refund for any of our Services shall be provided. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services.