This is a breakdown of our terms agreement with our clientele. If you have any questions or concerns regarding our policies, please let us know by getting in touch.
This Terms of Service (the “Agreement”) is a legally binding contract between Orbitek (the “Company”) and you (the “Client”) that shall govern the purchase and use, in any manner, of services provided by the Company to the Client (collectively, the “Services”). By purchasing or using the Services in any manner, the Client represents that he has read, understand, and agrees to all terms and conditions set forth in the Agreement, and that he is at least eighteen (18) years old and has the legal ability to engage in a contract in the State of Indiana. If the Client does not accept the Agreement and all terms and conditions set forth within, he should not purchase or use, in any manner, Services from the Company or, if he has already purchased Services, he should contact the Company immediately to terminate the Agreement. It is further understood that the Agreement is subject to change from time-to-time, in whole or in part, without notice.
The Agreement becomes effective immediately upon submission of an order by the Client for a period of time as specified on the original order form (the “Billing Term”). Following the expiration of any Billing Term, the Agreement shall automatically renew for an equivalent period of time unless terminated by either party as outlined below.
As Orbitek is located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by Orbitek, whether located within the US or other countries.
The Company will automatically bill the credit card on file for the Client one day before the new Billing Term. All fees are billed in United States Dollars (“USD”) and are subject to change at anytime with thirty (30) days prior notice to the Client. It is the responsibility of the Client to ensure that all billing information on file with the Company is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. Any account not paid in full by the end of the first day of the Billing Term will be subject to a “Late Penalty” the greater of 10% of the past due amount or minimum of $3.00 USD. Following five (5) days of non-payment, the Company reserves the right to Suspend Services. Once the account is suspended there will be a $25.00 fee to have service restored. And to subsequently terminate Services after thirty (30) days following suspension of Services. The Company is not responsible for any damages or losses as a result of suspension or termination for non-payment by the Client.
We offer a thirty (30) day money back guarantee on web hosting. No refunds are offered on virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations or transfers, SSL certificates, dedicated IP addresses, or website programing and development. Additionally, a service fee will be assessed to refunds on any account with a free/included SSL certificate (at $39.95 per year). Refunds are not offered for accounts that are suspended or terminated for violating the Agreement. Refunds are only available for new Clients. If the Client previously had Services with the Company, whether or not a refund was received, the Client would not be eligible for a refund. The Company reserves the right to refuse a refund at anytime for any or no reason. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to 2-3 weeks for processing. In any event, no refunds are offered after the first thirty (30) days of Service.
Any account that remains unpaid after thirty (30) days may be submitted to an outside collections agency and reported to all major credit bureaus. The Client agrees to pay a “Collections Fee” of $35.00 USD in the event that his account is submitted to an outside agency for collections. If further civil or criminal actions are deemed necessary to collect a debt, the Client agrees to pay all associated costs including court costs and reasonable attorney’s fees.
All disputes and overcharges must be reported directly to the Company, in writing, within thirty (30) days. Any Client that initiates a chargeback, reversal, retrieval request, or other dispute with their credit card issuing bank and/or PayPal (“Dispute”) will be immediately suspended or terminated pending investigation. The Client agrees to pay a “Research Fee” of $35.00 USD per Dispute regardless of the actual validity of the charge.
The Company reserves the right to refuse service to any person at Company’s discretion. The Company further reserves the right to deny service to any script, program, software, or other service at Company’s discretion. Such refusal can occur at any time, for any or no reason, and without explanation.
The Client may cancel service by providing no less than forty-eight hours (48) hours prior notice by contacting us through by submitting a support ticket HERE. Orbitek does not accept cancellations via telephone, live chat, or any other method except by the link above. If cancellation notice is not received within the required time frame, the Client will be billed for the next Billing Term and responsible for payment as set forth above. The 48 hours is strictly enforced.
The Company reserves the right to suspend or terminate the Agreement and all associated Services at anytime without notice and for any or no reason including, but not limited to, breach of any provision of the Agreement. The Company is not responsible for any damages or loss of data resulting from such suspension or termination. Suspension for Non Payment: Once service is suspended access to all files and email are revoked until payment is made. If Client wants a copy of the files before termination we charge $400.00 for a full server backup file. Business Basic, Advanced and Pro plans: Files from these plans can not be Back Up and will not be include in the server back up.
Each Client is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Orbitek Clients. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.
Orbitek reserves the right to add, modify, or remove any or all features from any service The Company provides, at any time, with or without notification. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and 3rd party applications. These changes can be made for any or no reason. The Company does not guarantee the availability of any feature, whether written or implied.
The Company will provide technical support to the Client twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year, with the exception of few holidays and brief company meetings. The only official method for technical support is via our helpdesk which can be reached by sending an e mail to hello@orbitek.com from a registered email address. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company’s sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.
As an added no-charge service, Orbitek performs occasional backups of its servers that house its web hosting and packages. No backups are performed for virtual private server (VPS) or dedicated server packages, unless the Client specifically purchases an additional service for this purpose. Any and all backup services provided by Orbitek hosting, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. The Client agrees to maintain a backup of their data at all times on equipment not maintained by Orbitek hosting, or its Client fail to retain a backup of their data during an instance of data loss or corruption, and Orbitek does not hold a recent or valid copy, the Client agrees to not hold Orbitek liable, as defined in the section “Limitation of Liability”. If the Client requires Orbitek to restore a backup of their data that is located on a backup server maintained by the Company, the Client agrees to pay a “Restoration Fee” of $75.00 USD to complete the request. This fee is non-refundable, even if the Client is not satisfied with the completion of the request. The Client also confirms a backup restoration will overwrite any and all current data on the Client’s account. Orbitek cannot be held liable if a backup restoration does not complete successfully.
Orbitek will make every effort to ensure domain names are registered, transferred, or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is the Client’s responsibility to contact the Company within fifteen (15) days of the incident for us to investigate. Redemption fees may be charged to the Client for domains that remain expired for more than 30 days, when no contact is made to the Company in the required timeframe. Orbitek liability is limited to the amount paid for the domain name.
Each hosting account by default is assigned a shared IP address. This shared IP address is shared among multiple other Clients that are located on the same server. If a dedicated IP address is requested by the Client, there must be a technical need for the IP, in which the account would fail to function properly without one. Orbitek does not provide dedicated IP addresses for the use of Search Engine Optimization (SEO), and all requests must be approved by Orbitek prior to assignment. Dedicated IP requests can be denied for any or no reason.
The Client shall use the Company’s services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Florida, State of Indiana, or the United States is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. The Client agrees to indemnify and hold harmless Orbitek from any claims resulting from the use of the service which damages the Client or any other party affiliates. The following contents, links, or actions on any Services would constitute a violation of the Agreement: Pornography | Child Pornography: Hosting Distributing and/or Linking to Pornography Involving a Person Under Legal Age | Copyright Infringement: Hosting, Distributing, or Linking to Copyright Infringed Materials | CPU/Memory/Resource Abuse: Consuming Excessive Amount of Server Resources Causing Server Performance Issues | DDoS Source: Source of Distributed Denial of Service Attack | DDoS Target: Target of Distributed Denial of Service Attack | Forgery: Faking an IP Address, Hostname, E-Mail Address, or Header | Fraud Site: Hosting or Linking to a Website Intended to Deceive the Public | HYIP: Hosting or Linking to a High Yield Investment Program Website | Identity Theft: Hosting, Distributing, or Linking to Stolen Account Identification Information | Infection: Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms | IRC: Hosting Internet Relay Chat Server not Authorized by Orbitek’s Hosting Services | Mass Storage: Storing Mass Amounts of Backups, Archives, Videos, etc | Phishing: Identity Theft by Email Under False Pretense | Proxy Site: Hosting of an Anonymous Proxy Server | Spam Email: Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) | Spam List: Hosting, Distributing, or Linking to Email Address Lists for Spam | Spam Site: A Site Advertised by Spam Email or Spam Web | Ad Ware: Hosting, Distributing, or Linking to Software Designed for Spamming | Spam Web: Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks | Spamhaus: Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity | Terrorist Site: Hosting or Linking to a Site Advocating Terrorism | Toolz: Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity | Trademark: Hosting, Distributing, or Linking to Trademark Infringed Materials | Warez: Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software | Or any other application or data that the Company finds offensive. Restrictions on Storage Space Usage: All accounts are subject to the following restrictions on storage space usage: Accounts must have valid, working websites, and not violate any previously subscribed terms Accounts are not for use of mass storage of backups, files, audio, video, zip files or others at our discretion Accounts are not for us of mass distribution of files, such as torrents or mirrors Any account found violating these terms may be suspended or terminated without warning.
Client expressly agrees that use of the Company’s services is at the Client’s sole risk. Neither Orbitek its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company’s services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this agreement. Client also acknowledges and accepts that any damages will be limited to no more than 100% of the equivalent of one (1) month of service.
Under no circumstances, including negligence, shall Orbitek, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Orbitek records, programs or services. Client hereby acknowledges that this paragraph shall apply to all contents on all servers.
Client agrees that it shall defend, indemnify, save and hold Orbitek harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees (“Liabilities”), asserted against the Company, its agents, its Clients, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Orbitek against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on Orbitek servers.
By using any Orbitek services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of Orbitek choice. The arbitrator’s award is final and binding on all parties. You, the Client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Client agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
Effective 01/01/2025
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