Terms Of Service & Acceptable Use Policy

1. Illegal and Prohibited Use

XtraOrbit servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory or constitutes an illegal threat.



Also, Accounts found to be engaged in any of the following actions will be terminated without notice and might face criminal charges and/or civil actions :

• Spamming - UCE (Unsolicited Commerce Email)
  
  Sending of unsolicited mass email from or through XtraOrbit servers or using an email address that is maintained on an XtraOrbit machine is STRICTLY prohibited. XtraOrbit will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a XtraOrbit server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate termination.
  
  
  
• Copyright Violations
  
  It is the responsibility of the client to ensure that all information within their account is their own work. Due to distribution rights of shareware programs, clients may not distribute freeware software programs unless the programs are their own work. Clients agree to indemnify XtraOrbit of any possible litigation involving trademark or copyrighted materials. Client agrees not to modify any copyright notices in features (Perl programs, etc.) provided by XtraOrbit. Modification of scripts provided by XtraOrbit without written permission is strictly prohibited.
  
  
  
• Undermining or Compromising System or Network Security
  
  Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
  
  Denial of Services, DDoS, Smurf and other service attacks started against your web site will be considered in violation of our network security, and your account will be subject to immediate termination.
  
  

XtraOrbit reserves the right to refuse providing services to anyone. Any material or action that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

2. Disk Usage Provision

A web hosting provider is a type of Internet service provider that offers individuals and organizations the opportunity to host their own websites, which may consist of stored information, images, video, or other content accessible via the World Wide Web.

A Storage Service Provider (SSP) is a company that provides computer storage space and related management services for periodic off site backup and archiving purposes.

XtraOrbit is a web hosting provider offering only web hosting services, not data storage services.

With that being said, Shared hosting accounts found to be using their disk space for off site storage, backup or archiving purposes are subject to account termination at the discretion of XtraOrbit management, with or without prior notice.

3. Resources Fair Usage

Shared hosting is by definition, Sharing server(s) resources between several small to medium-sized internet-based business that do not require customized programs or installations.

To that end, XtraOrbit enforces a strict policy on resource usage that all shared accounts must abide by. In order to keep our servers running at optimal levels, any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a dedicated server plan.

XtraOrbit shall be the sole arbiter of what is considered to be a high server usage level. Any web hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

It is acknowledged by our shared hosting customers that sites demanding heavy resources such as, but not limited to, CPU time, memory usage, disk I/O and network resources cannot be hosted on our shared hosting plans and should be hosted on a dedicated server.

The following sites are an example of sites that cannot be hosted on our shared hosting plans and we recommend hosting them on a dedicated server(s) :

• Chatting Sites.
• Either free or paid email service providers.
• Video Sharing Sites or Sites mainly used for Streaming Media.
• Image Hosting or Sharing Sites.
• Sites mainly used for Software Distribution.
• Sites with large forums and/or databases which are generally not suited to a shared server environment.

Also, Web sites requiring the following are not allowed to use our shared hosting accounts and we recommend hosting them on a dedicated server :

• High CPU-use CGI Scripts - CGI script sharing with domains not hosted by XtraOrbit is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our shared servers. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
  
  
• CGI-based Chat Rooms - XtraOrbit does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
  
  
• CGI-based Forums - XtraOrbit does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. XtraOrbit recommends vBulletin or phpBB.
  
  
• Background Running Programs and Cron Jobs - XtraOrbit may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour. and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact us to arrange set-up.
  
  
• IRC - XtraOrbit does not allow IRC, IRCD or IRC bots to be operated on any of our servers.
  
  
• Hotlinking - XtraOrbit does not allow hotlinking of any kind (whether hosted by XtraOrbit or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk. Linking your images from auction sites like eBay is the only exception to this rule.
  
  
• Bulk Mailing - XtraOrbit allows a maximum of 60 legitimate emails per hour and up to a total of 1440 legitimate emails per day to be sent from any of our shared hosting accounts. If you do send more than 1440 of legitimate e-mail per day, your account will be placed on hold for Network Abuse.
  
  
• Software Distribution - XtraOrbit shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact us to make special arrangements
  
  

If a Fair Usage breach occurs, which's determination is solely up to XtraOrbit, Customer may have to remove files from or reduce access to his/her account to an extent as determined by XtraOrbit, in order to restore full serviceability to other customers affected by the breach.

4. Reselling

Shared hosting accounts are to be used by the primary owner only. Shared hosting account holders are not permitted to resell, offer or give access - even for free - to allotted disk space, bandwidth, mail services, mail forwarding capabilities, POP accounts, auto responders or CGI scripts installed on our servers to other parties. If you wish to resell hosting you must use a reseller account.

You must not share your username or password with any other person, and you should take reasonable precautions to ensure that other people do not discover it.

XtraOrbit may allow customers to host more than one domain name on a single shared account under the condition that all domain names are fully owned by the customer and are registered under a single ownership name and that the administrator email and address matches on every domain name. XtraOrbit will remove a domain name that is found to be under a different ownership name and/or administrator email and/or address from the one that is originally registered by the customer without any prior notice.

5. Data Backup

Your use of the service is at your sole risk. XtraOrbit is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate off site backup of files and data stored on XtraOrbit servers. XtraOrbit will not be held responsible for any data loss from your account. You agree that it's your responsibility to backup the data from your account.

6. Force Majeure

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XtraOrbit shall not be in default of any obligation if the failure to perform the obligation is due to any event beyond XtraOrbit's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

7. Payments

Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually, beginning on the order date. XtraOrbit will invoice the customer via electronic mail to the primary customer contact listed on the order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 7th day following invoice date, but in no event earlier than the first day of each billing cycle.

XtraOrbit may suspend the service without notice if payment for the service is overdue. Customer agrees to pay XtraOrbit's reasonable reinstatement fee following a suspension of service for non-payment, and to pay XtraOrbit's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

8. Suspension of Service

Customer agrees that XtraOrbit may suspend services to Customer without notice and without liability if :

• Payment for the service is overdue.
• XtraOrbit reasonably suspects that the services are being used in violation of the Terms of Service.
• XtraOrbit reasonably believes that the suspension of service is necessary to protect its network or its other customers.
• Requested by a law enforcement or regulatory agency.

Customer shall pay XtraOrbit's reasonable reinstatement fee if service is reinstituted following a suspension of service under this section.

XtraOrbit customers agree to indemnify and hold harmless XtraOrbit from any claims resulting from the suspension of their services that damages them or any other party.

9. Termination of Service

Customer agrees that XtraOrbit may terminate services prior to the expiration of the Initial Term or any Renewal Term without notice and without liability if :

• Payment for the service is overdue for more than 7 days.
• XtraOrbit reasonably believes that the services are being used in violation of the Terms of Service.
• Customer fails to cooperate with any reasonable investigation of any suspected violation of the Terms of Service.
• XtraOrbit reasonably believes that the termination of service is necessary to protect its network or its other customers.
• Requested by a law enforcement or regulatory agency.

XtraOrbit customers agree to indemnify and hold harmless XtraOrbit from any claims resulting from the termination of their services that damages them or any other party.

10. Cancellation and Refunds

Accounts cancelled, suspended or terminated by XtraOrbit for violating our Terms of Service do not qualify for any refund, either in partial or in full. For example, if your account is cancelled due to spamming, you will not be given any refund.

XtraOrbit reserves the right to refuse, cancel, or suspend service at our sole discretion at any time. If the customer was not in violation of any of our Terms of Service, the customer will be entitled to a refund based upon the remaining period of service.

Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. No refunds will be given unless the cancellation falls within the terms of XtraOrbit's 30 Day Money Back Guarantee.

11. 30 Day Money Back Guarantee

All shared web hosting plans includes a 30 day money back guarantee. If you are dissatisfied with your service for any reason, you will receive a full refund (minus setup fees and overage charges, if any.) if you cancel your account within 30 days of the activation of your account.

Our refund policy does not apply to any additional items or services; this includes but is not limited to AI Credits, Domain Name Registration, Web Forwarding, Reseller Accounts/Reseller Hosting Products, Dedicated Servers, Custom Programming, Web Design or any admin or upgrade fees.

No refunds are available after 30 days. Any request for cancellation must be received via our clients' area and you will receive a confirmation upon the cancellation of your account.

Accounts cancelled, suspended or terminated by XtraOrbit for violating our Terms of Service do not qualify for the 30-day money back guarantee.

12. 99.9% Network Uptime Guarantee

XtraOrbit guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. However, we cannot be held responsible for upstream problems outside of our network and areas where XtraOrbit has no direct influence, such as backbone provider failures, fiber-optic main line cuts, DNS or Registrar problems with subscribers' domain names, routing problems between clients' location and our data center.

XtraOrbit will guarantee 99.9% XtraOrbit network uptime and 99.9% network stability uptime. This, however, does not refer to :

• Scheduled Downtime.
• Server Hardware Breakdown.
• User error(s) or purposeful interruption(s).
• Failures due to software that is not explicitly supported by XtraOrbit. Consequently, if a hardware crash provoked by the customer happens, XtraOrbit has no responsibility for the resulting downtime.

The uptime guarantee is also not applicable if the service interruption was caused by any natural or unnatural events that XtraOrbit cannot directly influence. XtraOrbit may temporarily deny or terminate service upon clients' failure to pay their charges when due.

13. Report Abuse Policy

XtraOrbit takes violations of our Terms of Service and abuse seriously.

If you want to report the abuse of our services including, but not limited to; illegal activity, the exploitation of children, spam, phishing and malware, please use our support center to notify us and we wil take swift actions.

14. DMCA Policy

If you believe your copyright-protected work was abused by an account or a domain name hosted with us, without your authorization, you may submit a copyright infringement notification. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner's behalf.

The fastest and easiest way to notify us of alleged copyright infringement is via our support center.

If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process.
Do not make false claims. Misuse of this process may result in legal consequences.