orga.zone is a German/American company on shares from Frankfurt/M. and Wilmington, Delaware which will be
referred to as Orga.Zone throughout this contract.
This Terms of Service is an agreement between Customer and Orga.Zone
("Agreement") and applies to Customer's account(s) with Orga.Zone.
PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future
reference. Please note that the information contained herein is
subject to change without notice. Customer agrees to periodically
consult this website for changes or amendments to this Agreement.
Orga.Zone may, but is under no obligation to, provide notices of any
amendment, modification or update of this Agreement via e-mail to
Customers.
GENERAL PROVISIONS
While using Services provided by Orga.Zone, you agree to the following
terms and conditions.
DEFINITIONS
"We" "Us" "Provider" or "Orga.Zone" refers to orga.zone AG and the owned domains;
and "You" "Your" "Client" or "Customer" refers to each person or
entity who applies for internet service or is a designate of any one
who applies for internet service with Orga.Zone.
SERVICES PROVIDED BY Orga.Zone
Orga.Zone will rent internet server space ("Services") to its
customers for the purpose of allowing customers to provide HTTP
internet content to the general public. The Services allow Orga.Zone
customers to maintain internet websites, receive and maintain e-mail
accounts, and access web space via FTP to upload files for their
websites. Orga.Zone customers will use the provided Services in a
manner consistent with all applicable Provincial and Federal laws.
Orga.Zone will make no effort to edit, control, monitor or restrict the
content of data other than as necessary to provide Services. If any
of the activities referenced below are committed, Orga.Zone may
immediately terminate Customer's account(s) without notice. Orga.Zone
will be the sole and final arbiter as to what constitutes a violation
of the terms and conditions of this Agreement.
CUSTOMER USE OF SERVICES
Disk Space and Client Content: Orga.Zone offers up to 5 Gigabyte of space in
our hosting packagea. We reserve the right to not host any website
that consumes over 5 Gigabyte disk space. Each package has a 75,000
file limit. Accounts are to be used by the primary owner only.
Account holders are not permitted to resell web-hosting services of
their website to other parties. Client agrees that web pages and
files uploaded to our servers will not violate any provincial,
federal or foreign laws or regulations; infringe on any intellectual
property rights of Orga.Zone or any third party; be defamatory,
slanderous or trade libelous; be threatening or harassing; be
discriminatory based on gender, race, age; promote hate; or contain
viruses or other computer programming defects which result in damage
to Orga.Zone or any third party. Customers may not run IRC bots or
clients. Unacceptable uses of our service also include: Bulk
e-mailing, unsolicited e-mailings, newsgroup spamming, pornographic
or adult content or links to adult websites, nudity, copyrighted
MP3s, illegal content, copyright infringement, trademark
infringement, warez, cracks, or software serial numbers. Orga.Zone
will be the sole and final arbiter as to what constitutes a
violation of this policy.
Bandwidth Usage: Orga.Zone offers unlimited data transfer per month
with no limit. We reserve the right to not host any website that
consumes over 1 Terabyte per month, or will ask for additional money.
Excessive Resource User Policy: Resources are defined as bandwidth
and/or processor utilization. A website is considered to be using
"Excessive amounts of resources" when it monopolizes the resources
available by using 10% or more of system resources for longer than
60 seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site
that consumes over 1.5 GB/day or 30 GB/month of bandwidth is also
considered to be using "excessive resources." This policy is only
implemented in extreme circumstances and is intended to prevent the
misuse of our servers. We reserve the rights to suspend or
terminate any hosting account that we feel is jeopardizing our
network. Orga.Zone will be the sole and final arbiter as to what
constitutes a violation of this policy.
No "Spam": UCE/UBE or "Spam" originating from an Orga.Zone account, or
an account associated with a Orga.Zone account, is not tolerated.
This includes any e-mail that promotes web sites hosted on a
Orga.Zone account but is sent from an e-mail address not associated
with that Orga.Zone account. Client shall not use their Orga.Zone
services for chain letters, junk mail, bulk-email, or any use of
distribution lists to any person who has not given specific
permission to be included in such a process. Orga.Zone reserves the
right to deactivate or terminate any account(s) upon any indication
of such activity without notice. There will be a $150 clean up fee
if an account was suspended for policy violation. There is a 1000
e-mail limit that can be sent out within a 24 hour period.
False Information: Client agrees not to post false or inaccurate
information to news groups in violation of the news groups' rules
and regulations. If any news groups or service providers contact
Orga.Zone concerning unethical, false or unlawful activities by you,
Orga.Zone reserves the right to terminate your service without
notice.
Licensed Software Only: Client agrees to use only properly licensed
third party software in connection with Client's use of the
Services.
Back-Up Files: Orga.Zone will make every reasonable effort to protect
and backup data for Client on a regular basis, however Orga.Zone does
not guarantee the existence, accuracy, or regularity of its backup
services and, therefore, client is solely responsible for
independent backup of data stored on Providers server and network.
There is a one time fee of $100 for our Administrator to retrieve
client's individual back-up files.
Domain Name Registration: Orga.Zone uses Godaddy.com for domain
name registration under Select My Domain. There is a $25/year fee
for new domain name registration ($40 for .ca). Domain names can be
use or transferred to another registrar only if customers account is
paid for with no balance. If customer has a balance, it must be
settled before domain name is released.
PAYMENT OBLIGATIONS, RENEWALS, AND CANCELLATIONS
Payment Obligations: Full payment is required in advance (trial period is free),
before hosting service is finally established. You grant Orga.Zone the right to
debit the credit card or account you provided on the Order Form for
services you signed up for, until such service is cancelled by you
in writing or is cancelled by Orga.Zone according to terms of this
Agreement. You warrant and represent that the information you
supply in the Order Form (or other information that Orga.Zone may
require) is accurate and truthful. All payment-due notices will be
sent by electronic mail. No bills or invoices will be sent by postal
mail or fax. If payment was not received by the renewal date, your
account will be terminated. Once your account is terminated, you
will need to pay for the set up fee and the monthly fees to reopen
the account. There is a $15 fee for bounced cheque and a $25
processing fee for charge-backs.
Renewals: Your account will be automatically renewed under the same
time and fee structure unless you give written notice to Orga.Zone
fifteen (15) days before the renewal date that you do not wish to
renew such account. Promotions are not included in renewals.
Cancellation: You may cancel at anytime. If you cancel before the
first 30 days, please refer to the details under "Limited 30-day
Money Back Guarantee." If you cancel after the first 30 days from
the opening of your account, no pre-paid charges will be refunded,
you will be obligated to pay all fees and charges accrued prior to
the effectiveness of the cancellation. If you cancel within the
first 30 days Orga.Zone will refund to you the prepaid fees for basic
hosting for the full months remaining after effectiveness of
cancellation, less any prior fees and charges, and an early
cancellation fee of $30 plus GST. Accounts that are terminated by
Orga.Zone will not receive any refund. All cancellations must be
received in writing as per the deadlines indicated; regular mail,
e-mail and fax notifications are acceptable. Phone requests will
not constitute acceptance of any cancellation. Cancellations will
be processed by our staff every Monday.
LIMITED 30-DAY MONEY BACK GUARANTEE
If you are not completely satisfied with our services within the
first 7 days from the opening of the account, you will be given a
full refund on your hosting fee excluding $2 setup fees and any
additional services. If paid by credit card, refunds will be issued to
the original credit card provided at the time of purchase. If your
account has been cancelled by us due to a breach of the terms and
conditions on your part, you will not be eligible for a refund.
Domain name registration is non-refundable. Phone requests will not
constitute acceptance of any cancellation.
SERVER/NETWORK MAINTENANCE
In the event a planned outage would be necessary, they will be
performed between 8:00pm to 10:00pm EST. This does not mean there
will be an outage at the specified time, and does not include
unplanned outages if any should occur for reasons beyond Orga.Zone's
control.
DISCLAIMER OF WARRANTY
You agree to use the Services and any information obtained through or
from Orga.Zone at your own risk. You acknowledge and agree that
Orga.Zone exercises no control over, and accepts no responsibility for,
the content of information passing through Orga.Zone's host computers,
network hubs, points of presence or the internet. THE SERVICES
PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE
BASIS. Orga.Zone MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO
THE SERVICES IT PROVIDES. Orga.Zone MAKES NO WARRANTIES THAT THE
SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS
OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. Orga.Zone
EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA
TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF
CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY Orga.Zone. NO ORAL
ADVICE OR WRITTEN INFORMATION GIVEN BY ANY Orga.Zone PERSON WILL CREATE
ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms
of this Section will survive any termination of this Agreement.
Orga.Zone is not responsible for any interruption in service or down
time that may occur, whether due to external network disruptions or
negligence of Orga.Zone. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, equipment failure and any and
all other service interruptions caused by Orga.Zone.
LIMITATION OF LIABILITY
You agree that Orga.Zone will not be responsible for any losses that
may incur where Services are accessed by third-parties through illegal
or otherwise unauthorized means, including but not limited to
situations where data is accessed through the exploitation of security
gaps, weaknesses or flaws (whether known or unknown to Orga.Zone at the
time) which may exist in the Services or in Orga.Zone's equipment used
to provide the Services.
Under no circumstances will Orga.Zone be liable for any consequential,
indirect, incidental, special or punitive damages, or loss of profits,
revenue, data or use by Customer, any of its customers, or of any
other third party, whether in an action in contract or tort or strict
liability or other legal theory. Orga.Zone will not be liable to
Customer, any of its customers, or any other third party, for any loss
or damages that result or are alleged to have resulted from the use of
or inability to use the Services, or that results from mistakes,
omissions, interruptions, deletion of files, loss of data, errors,
viruses, defects, delays in operations, or transmission or any failure
of performance, whether or not limited to acts of God, communications
failure, theft, destruction or unauthorized access to Orga.Zone's
records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, Orga.Zone's
maximum liability under this Agreement for all damages, losses, costs
and causes of actions from any and all claims (whether in contract,
tort, including negligence, quasi-contract, statutory or otherwise)
will not exceed the actual dollar amount paid by Customer for the
Services which gave rise to such damages, losses and causes of actions
during the 12-month period prior to the date the damage or loss
occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary
allocation between the parties of the risks (known and unknown) that
may exist in connection with this Agreement. The terms of this
Section will survive any termination of this Agreement.
RIGHT TO REFUSE SERVICE
At its sole discretion, Orga.Zone has the right to refuse any and all
service or Services to any applicant, Customer, Client whether it be
an individual or legal entity.
INDEMNIFICATION
Customer agrees to indemnify, defend and hold harmless Orga.Zone, its
officers, directors, employees, shareholders and agents from and
against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or administrative), and
expenses (including, but not limited to, reasonable attorney's fees)
threatened, asserted, or filed by a third party arising out of or
relating to (i) Customer's use of the Services, (ii) any breach by
Customer of this Agreement, or (iii) any acts or omissions of
Customer. The terms of this Section will survive any termination of
this Agreement.
FORCE MAJEURE
Orga.Zone will not be liable for failure or delay in performing it
obligations if such failure or delay is due to circumstances beyond
its reasonable control, including but not limited to acts of any
governmental body, war, insurrection, sabotage, embargo, fire, flood,
strike or other labor disturbance, interruption of or delay in
transportation, unavailability of, interruption or delay in
telecommunications or third party services (including DNS
propagation), failure of third party software or hardware or
inability to obtain raw materials, supplies or power used in or
equipment needed for provision of the Services.
DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although Orga.Zone maintains strict confidentiality on Customer's
information, there are certain exceptions in which Orga.Zone may
disclose information in its possession, including but not limited to
information about the Customer's internet transmissions and website
activity in order to comply with court order, subpoena, discovery
request, warrant, statute, regulation or official governmental
requests. Orga.Zone has no obligation to notify Customer about whom
the information is sought or that Orga.Zone has provided the
information. Customer acknowledges the above exceptions and agrees
to them without reservation.
GOVERNING LAW; JURISDICTION; ARBITRATION
This Agreement is governed by German law and both parties will
submit to personal jurisdiction in Frankfurt, Hessen, Germany. Any controversy
or claim arising out of, relating to or in connection with this
Agreement, or the breach thereof, will be subject to the court
appointed arbitration party. The place of arbitration will be Frankfurt,
Hessen, Germany or any other place selected by mutual agreement of the
parties. An award rendered in connection with arbitration pursuant
to this Section shall be final and binding upon the parties. The
parties agree that the award of the arbitral tribunal will be the
sole and exclusive remedy between them regarding any and all claims
and counterclaims between them with respect to the subject matter of
the arbitrated dispute. The terms of this Section will survive any
termination of this Agreement.
ASSIGNMENT
Customer will not have the right to assign this Agreement without the
prior written consent of Orga.Zone.
ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the parties,
and supersedes all previous representations, understandings or
agreements. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, unenforceable, or void, the
remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual
entering this Agreement for his or her personal use and is over 18
years of age, or is a corporation other legal corporate entity, duly
organized, validly existing and in good standing under the laws of the
province of its organization and the person acting on behalf of
Customer is duly authorized to accept, execute and deliver this
Agreement on behalf of Customer.
