Orca-technology.com is a service provided by Orca Technology, registered in Orlando, Florida. Orca Technology maintains the site as a service to its visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use the site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use orca-technology.com. Orca Technology reserves the right to modify content on the site and these Terms of Use periodically without prior notice.

You should be aware that by signing up for an account with Orca Technology, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of Orca Technology to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on Orca Technology servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated Orca Technology server space. It is recommendable to avoid publishing personal data that could be abused online.
The order form completion represents the electronic signing of this document.

• ENTIRE AGREEMENT; SERVICE AGREEMENT
  Orca Technology shall provide its Services to You (the Customer) under the Terms and conditions of this Orca Technology Customer Agreement. The Agreement is intended to keep the integrity of both Orca Technology and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
  Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between Orca Technology and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
  Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
  You understand and agree that the Service is provided "AS-IS" and that Orca Technology assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
• Orca Technology HOSTING SERVICES
  A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store 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. SSPs also offer periodic backup and archiving. Orca Technology offers only web hosting services, and uses this service to storage data but not with the standards that a SSP follows. A web hosting service consists of the following:
• Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due over bandwidth usage.
• Domains Hosted - Orca Technology hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
• Domain Registration- available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and cannot be refunded.

More detailed information regarding domain names can be found in the Domain Name Dispute Resolution Policy.

• Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
• IP Address - Orca Technology hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that's why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
• MySQL Database(s) - is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
• MySQL Database Storage - Each web hosting plan has a fixed database storage quota. Additional MySQL database storage is available. Contact sales for pricing.
• SSH - not included in hosting plans, but it is available. Contact sales for more information.
• BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
  Background process is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.

Background processes are not permitted on any of our shared servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. Our shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers. Therefore, as our primary task is to provide highest quality web hosting service to all our users, we cannot permit any background processes to be executed and threaten the performance of our server network.

• SERVICE GUARANTEES
  Orca Technology will guarantee 99.9% Orca Technology network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
• Server Hardware Breakdown
• User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Orca Technology is not responsible for the downtime)
• Failures due to software that is not explicitly supported by Orca Technology. Consequently, if a hardware crash provoked by the customer happens, Orca Technology is beyond the control and responsibility for the resulting downtime.

A data backup is available on a daily basis. All the contents of a client's /www/ folder will be added to the backup, as well as all the databases that belong to the customer. The maximum space provided to a client for his backup is 5 GB of disk storage.

• SERVER USAGE & HOSTED CONTENT
• Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a Orca Technology Service representative regarding any inquiries over the matter.
• If any of Orca Technology Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.

Unauthorized Access. Orca Technology expressly bans the use of any Orca Technology hardware or software hosted on a Orca Technology server for trying to illegally access another hosted machine or network.

• Using Orca Technology temporary URL - supremeserver.com is not defined as a bandwidth stealing. However, customers are advised to use it temporarily and Orca Technology does not bear the responsibility, if we change it afterwards - traffic processing there is not recommendable. It is not recommendable to use Orca Technology temporary URL- supremeserver.com as a basic URL. Users are advised to redirect their traffic to their own domains.

Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. Orca Technology reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.

• SCRIPTING AND BANNED SCRIPTS

You are free to use any scripts you wish as long as they do not affect the servers’ normal operation and are not mentioned specifically below.
Scripts that are commonly known for causing server disruption include large cgi-based message forums, auctions, and banner exchanges. In the event a script affects normal server and/or administrative operations, Orca Technology reserves the right to disable the account pending client cooperation and resolution.
Scripts we do not allow include:

• Chat servers/scripts that affect the server operation are strictly prohibited.
• Formmail is not allowed on our servers. You can use formmail scripts but they must be up-to-date and not running with the filename "formmail". Any files named "formmail" will be deleted without notice.
• CANCELLATION & MONEY BACK
• Cancellation And Refund Policy - Orca Technology accounts are set up on a prepay basis. Orca Technology customers may decide to cancel their account at any time and get a full refund if the cancellation request is made within 30 days of the official sign-up date according to our Money Back Guarantee Policy. To cancel an account, the customer must send an e-mail or a support ticket to the Sales Department and provide any authentication credentials requested by Orca Technology Any other form of cancellation request will not be accepted. Any incentives offered to customers upon sign-up will also be cancelled. However, domain name registrations or transfers, service upgrades and web hosting plan renewals are treated as non-refundable services and cannot be cancelled or refunded after being activated per customer request. The customer will be able to transfer his/her domains away to another host.

Late cancellations as well as accounts cancelled by Orca Technology due to TOS violations, in which the customer decides not to fix the violation, do not qualify for the 30 day money back guarantee.
All credit requests for VISA, MasterCard, American Express and Discovery payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your credit/debit card and affect your credit/debit card balance in accordance with the credit/debit card issuer's terms of service.
All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (by e-mail or ticket, as mentioned above). The funds will be credited back to your PayPal account and affect your PayPal balance in accordance with the PayPal's terms of service.

• Money Back Guarantee Policy - Orca Technology offers a 30-day money back guarantee. If you are not satisfied with our hosting service, you can submit your refund request in a trouble ticket from the web hosting or the Reseller's control panel, or send an email to billing@orca-technology.com and receive a full refund for your hosting plan within 30 days after you purchased the account.

non-refundable services: All service upgrades and plan renewal services purchased from the web hosting Control Panel, all single-year or multi-year domain registration or transfer services purchased upon sign-up or from the web hosting Control Panel.

• PAYMENT, CHARGEBACKS AND RETURNED CHECKS
  Customers should abide by our Order Verification Policy.
• Orca Technology contracts with VISA / MASTER CARD International, American Express Bank and Discover Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with Orca Technology, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, Orca Technology will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.

If, however, customer presents a valid motive for the refund required, having observed the afore-specified requirements, then Orca Technology will process the money back procedures without hesitation. Any refund actions will immediately lead to web hosting account suspension and the customer's credit card will be charged back with the respective sum under the same payment order / authorization number.

• Orca Technology will charge customers with fees based on the fee structure at the time of the sign-up process. Orca Technology reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list at www.resellerspanel.com may differ from the pricing and features of the customer's account.
• When signing up for an account with Orca Technology, the customer agrees to pay for the period of one year (365 days). Orca Technology grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended.

Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at Orca Technology will be subject to collections and legal action. He/she will be charged $29.00, because when signing up with Orca Technology, customers accept these terms and conditions, thus agreeing to observe them strictly.

• OPTIONAL SERVICES

These services include but are not limited to: Fantastico package, Mailing Lists and others, are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. ORCA TECHNOLOGY ’S ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. ORCA TECHNOLOGY REJECTS ANY IMPLIED WARRANTIES. ANY OF ORCA TECHNOLOGY 'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY ORCA TECHNOLOGY, INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.

• WARRANTIES AND REPRESENTATIONS
  Orca Technology provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with Orca Technology confronts with service interruption issues.
• FREE DOMAIN NAME PROMOTION
  Orca Technology runs a promotion and gives FREE domain names to customers upon signing up for a new web hosting account for one year. This special offer is only valid for our PROMOTIONAL TLDs (.com, .net, .info, .org, .biz, .us). However, when the money back guarantee option is used the domain names must be paid - $14.18 per year per domain name. Domain name owners will receive an account username and password to manage their domain names and they will be able to transfer the domain name(s) at will.
• FREE SERVICES

A bonus collection, which consists of all the services found in the page www. Orca-technology.com/free are subject to change at any time and we are not responsible for the use or the harm that could cause. However,this programs have been tested several times to complete with our customer satisfaction.

• NO UNLAWFUL OR PROHIBITED USE
  As a condition of your use of the Orca Technology Services, you will not use the Orca Technology Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any Orca Technology Services, other accounts, computer systems or networks connected to any Orca Technology Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Orca Technology Services.
  Orca Technology reserves the right at all times to disclose any information as Orca Technology deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Orca Technology.
  Orca Technology is within the capacity to refuse service to unlawful parties. Orca Technology servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, Orca Technology expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of:
  copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
  Orca Technology management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company's servers. Orca Technology servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, satanic materials, and any other materials of an adult nature.
• THIRD PARTY
  Any dealings with third parties (including advertisers) included within the Orca Technology Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Orca Technology shall not be responsible or liable for any part of any such dealings or promotions.
• TERMINATION
  You agree that Orca Technology, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
• SERVICE DISCONTINUANCE
  Orca Technology reserves the right to discontinue delivering services and terminate this agreement for a certain period of time or indefinitely, with a prior notification. If the reason for this is a customer's failure to observe our Web Hosting Terms of Service, no refund will be issued to them for the unused period of their annual subscription with us. If the customer has not violated our Web Hosting Terms of Service - they will receive partial refund for the remaining days of the annual subscription with us.
• YOUR RESPONSIBILITIES
  You are solely responsible for the content of your messages. Using the Orca Technology Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
  In consideration of your use of the Service, you agree to:
• Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
• Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Orca Technology has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orca Technology has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
• When signing up for un account with Orca Technology, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify Orca Technology in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer's Control Panel, not via e-mail. This requirement is also in force for Orca Technology - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
• You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
• immediately notify Orca Technology about any unauthorized use of your password or account or any other breach of security
• ensure that you exit from your account at the end of each session.

Orca Technology cannot and will not be liable for any loss or damage arising from your failure to comply with this.

• Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
• Harm to Orca Technology Servers - any attempts for doing harm to a server or customer of Orca Technology Services are explicitly banned
• Acceptable Use of Services / Acceptable Access to Services - Orca Technology will immediately and resolutely react to any attempt of use of an Internet account or computer by a Orca Technology customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to Orca Technology Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
• CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 4.5% (for the Business plan)/ 5.5% (for the Corporate plan)/ 7% (for the Enterprise plan) in the course of 24 hours. Orca Technology strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. Orca Technology reserves the right to block files or scripts that use CPU exceedingly and notify clients.
• Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
• Users are NOT allowed to send more than 1500 emails per day per hosting account.
• The Business plan is entitled to host maximum 50,000 files and the Corporate plan - up to 200,000 files. The Enterprise plan allows customers to host up to 300,000 files.
• Orca Technology offers generous amounts of disk space and network bandwidth. The customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file extensions) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files, which link to them. Furthermore, these files may amount to no more than 50% of the customer's total monthly traffic usage. If requested, the Customer should prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.
• MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset.
• The access and error logs for all client's hosts in an account should not exceed 500 MB in total.
• Orca Technology does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
• infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy violate any law, statute, ordinance or regulation are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another contain or run proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy) concern in any way torrent trackers, clients or applications - Torrent trackers, clients or applications are not allowed to be hosted on our servers have IRC bots - IRC bots are absolutely forbidden on our servers contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction have Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements of adult sites.
• SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
  Orca Technology provides services to clients on a global scale whose distribution through the Internet makes them equally accessible to everyone everywhere in the world.

The services for newly signed up clients are activated immediately after our Sales Department gets in touch with the payer over the phone to verify the payment details (this is demanded because of the high fraud activity, spreading online). The payment verification procedure is compulsory and if we fail to approve the transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.
The services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the corresponding payment.

• Shared Web Hosting Accounts Timescale. The newly-created shared hosting accounts with Orca Technology are valid for 1 month or 1 year. They can be renewed for another month/year that will be added to the official expiration date of the account. All other account upgrades, purchased from the web hosting Control Panel, are valid and will be functional till the final expiration date of the corresponding web hosting account
• Domain Name Registration Timescale. Orca Technology offers registration of the following TLDs (Top Level Domains), purchased together with a shared hosting account (PROMOTIONAL) or ordered separately as an upgrade from the web hosting Control Panel (NON-PROMOTIONAL). The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices:

• SERVICE EXPIRATION AND RENEWAL
  The hosting service is active for one month (30 days) and one year (365 days) depending on the billing cycle. After that period of time, the account will be automatically suspended until the Customer renews it by paying the annual subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for two months, after that it will be permanently deleted.
  
  The redemption period is a registry level period of up to 30 days that occurs when a domain name is deleted after it expires without being renewed. Instead of just being deleted and returned to the pool of domain names available for registration, the registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original domain registrant may retrieve the domain name from deletion for an additional fee by contacting the registrar.
  
  This extra 30-day period extends the time available to renew expired domain names. However, all names that enter the redemption period are removed from the zone files (the list of domains currently in the global DNS); therefore, any web site or e-mail services associated with the domain name will stop working.
  
  After the 30-day redemption period there is a 5-day pending delete phase. When a domain is in this phase no one can retrieve the domain and it cannot be registered. After the 5-day pending delete phase the registry will release the domain name back into the public pool of available domain names.
  
  We strongly recommend that you renew your domain registration before the domain name is placed in redemption. If your domain name is placed into redemption, we cannot prevent the zone files being removed from the DNS and your web site and any associated services will cease to work.
  
  We can assist in retrieving your domain only if your domain was registered with us. If your domain was registered with another registrar, you must contact that registrar for information regarding retrieving your domain name. You will be charged with a REDEMPTION FEE of $180.00 USD for the domain registration renewal.
• CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
• When buying an allocated space on Orca Technology servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
• the accuracy and relevance of Customer Content and content and material showcased in its store or on its products
• certainty that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person
• certainty that the Customer Content and the content and materials appearing in his/her store or on his/her products are not calumnious or somehow illegal. Customer is the only one in charge of approving, processing and filling customer orders and of taking care of customer requests or complaints. Customer is the one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store.
• Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
• Each Customer guarantees to Orca Technology that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Orca Technology that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
• infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party
• break any criminal laws or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation. Each Customer empowers Orca Technology to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Orca Technology is granted the right to assess the extent these operations need to be done.
• TORTUROUS CONDUCT
  
  1. Any case of indecent treatment towards a Orca Technology employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with Orca Technology employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
     Other acts of treatment towards Orca Technology employees that will be considered as unacceptable include any verbal, oral, written or delivered by second party threats addressing Orca Technology or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. Orca Technology keeps the right to assess which behavior will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
     1. SPAMMING IS PROHIBITED
        We will determine in our sole discretion whether any of the messages you send are Spam. For your information, spamming generally includes, but is not limited to:
     2. the sending of unsolicited messages in bulk, or the sending of unsolicited e-mails, which provoke complaints from recipients
     3. the sending of junk mail
     4. the use of distribution lists that include people who have not given specific permission to be included in such a distribution process
     5. posting commercial ads to USENET newsgroups that do not permit it
     6. posting articles containing binary encoded data to non-binary newsgroups
     7. excessive and repeated posting of off-topic messages to newsgroups
     8. excessive and repeated cross-posting
     9. e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
     10. the e-mailing of age-inappropriate communications or content to anyone under the age of 18
     11. "Spamming" is considered as explicit misuse of ethical principles and will be interpreted as a violation of them
     12. The maximum number of allowed e-mail messages sent per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.
     13. COMPLAINTS PROCEDURE
         Orca Technology is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are strongly encouraged to make use of our complaints procedure detailed below.

     In order to file a complaint, please send an email to info@orca-technology.com, specifying the nature of the problem you are facing. Please provide as many details about your particular case as possible. The more we know about your situation, the more prompt and adequate our resolution will be.
     Here are the steps for addressing every single complaint:
     1. Orca Technology will confirm receipt of your complaint in writing, confirming that the complaint will be addressed without delay. Orca Technology reserves the right to refuse to investigate a complaint that is obviously frivolous, abusive or offensive.
     2. A Orca Technology Customer Care representative will review your situation, look for an appropriate solution and will inform you of the timeframe within which a response should be expected.
     3. If an Orca Technology Customer Care representative can't resolve your complaint within the pre-announced period, your complaint will be escalated to a Customer Care manager.
     4. If the Orca Technology Customer Care manager can't resolve your complaint, it will be forwarded to the Company Director, who will investigate the case to ensure that all necessary measures have been taken and will respond in writing within two working days and reply with a solution within five working days.
     5. An alternative complaint method is submitting a letter to the following address: PO BOX 160874, Altamonte Springs, FL 32716

     1. NEWS RELEASES
        Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
     2. FORCE MAJEURE CIRCUMSTANCES
        Orca Technology will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, 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 provisioning of the Services.
        This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
     3. This Agreement shall be interpreted in consistence with the laws of the State of Florida, US.
     4. This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to.
     5. This Agreement may be executed in counterparts, which will be considered as original.
     6. COPYRIGHTS
        Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
        Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

     Please report any violations of the Terms of Service and the Domain Name Dispute Resolution Policy to info@orca-technology.com

     1. ASSIGNMENT
        Customer shall not have the right to assign this Agreement without the written permission of Orca Technology. This Agreement shall be in force and effect to the total benefit of Customer and Orca Technology and their successors and permitted assigns.
     2. CUSTOMER SERVICE CONTACT DETAILS
        To get in touch with our Customer Service - please use any of the options listed below:

     1. Open a Ticket from the Help Center->Open New Ticket
     2. US PHONE: +407-920-0625
     3. Send us a Letter to:
     Orca Technology
     PO BOX 160874
     Altamonte Springs FL, 32716
     Revision date: February 20, 2008, 18:00 GMT

     Orca Technology provides hosting, domain names, web sites, e-mails, web storage and many more solutions. Our services are designed for both beginners and professionals. All of our plans include a 99.9% uptime guarantee, 24/7 support and a 45-day money back guarantee.

     We guarantee success and accuracy in taking your business to the Internet.