Terms of service

April 2022

We’ve updated our terms and this effective April 01, 2022, Please read the terms below.

These Terms of Service (the “Agreement”) are an agreement between Orcus Technology (“Orcus Technology”, “us”, “our”, or the “Company”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Orcus Technology and website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements

• Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
  • Privacy Notice
• Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. Account Eligibility

• By registering for or using the Services, you represent and warrant that:
  • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
  • If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
• It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Orcus Technology is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information associated with the domain. If you need to verify or change your contact information, you may utilize the Orcus Technology Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the document used for verification purposes. Failure to provide the information requested may result in your order being denied.
• You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
• Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
• The Service and any data you provide to Orcus Technology is hosted in the Bangladesh unless otherwise provided. If you access the Service from outside of the Bangladesh., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the Bangladesh. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of Bangladesh., and not necessarily of the jurisdiction in which you are located.

3. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in the transfer of data from an old host. The free transfer service is available for four (04) days from your sign update. Transfers outside of the four (04) day period will incur a charge; Transfers outside of the 04 (four) day free period will incur a charge; for reseller/master reseller first twenty (10) end user account of his/her old host will transfer free of cost and for additional each account it’ll cost 200 BDT or 2.50 USD. In no event shall Orcus Technology be held liable for any lost or missing data or files resulting from a transfer to or from Orcus Technology. You are solely responsible for backing up your data in all circumstances.

4.Satisfaction Guaranteed

• 30 Day Guarantee Statement valid only for Web Hosting service. If for any reason you are unhappy with the services you receive from Orcus Technology during the first 30 days of service (Only Web Hosting), you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund*. You must also state a detailed reason as to why you are canceling (as we request any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. If client violated the terms and conditions and suspended in that case refund will not be offered also if He/She asked for cancellation and then agreed to continue using services can’t ask second time for refund.

5.Payments

• When you subscribe to our services, you are subscribing to a pre-paid service and all the ITES (domain registration, web hosting, SSL, SiteLock, etc.) services are subject to 5% VAT, and web development services are also subject to 5% VAT and 2% sales TAX.
• All due payment invoices can be paid online using Shurjopay, BKash, and through an offline method like Bank Transfer or Walk-in-Payment at our operation office. Except for any payment made using our offline method, all online methods payments are subject to an additional payment gateway fee, and it’ll be added automatically as you will choose the payment methods in your Clients Area > Invoice. Renewal notices are sent several times via email from 30 to 1 day before the renewal date. We only accept Shurjopay, bKash, Bank Transfer, Walk-in-Payment at our operation office for payment of services. If your yearly charge is denied and we are unable to contact you, then the late fees to enable your account shall apply. Please address any questions regarding payment to Orcus Technology sales from our clients’ area.
• If a shared/reseller/VPS/Dedicated/Email Server/Spam Filtering/File Hosting etc. account has a past due invoice, we will perform the following actions.
  • 1 Day – No Action Taken
  • 2 Days – Accounts are suspended.
  • 7 Days – Late Fee Added
  • 15 Days – Accounts will be terminated.

6. Cancellations

• If you wish to cancel your services, you must write to sales or request a cancellation from your client’s area.

7.Overage Charges

• Given our customers’ needs, our service plans are designed to accommodate most usage scenarios. Your consumption, however, may differ and necessitate more resources, particularly in the areas of storage and traffic. If your account requires more resources, we will never charge your card automatically. You must keep your cPanel email address up to date so that you can receive an email when your account reaches specific limits set entirely by our system, at which point you can contact us to upgrade your account’s transfer quota. If your allotments are exceeded and you do not contact us, the system will suspend your site.

8.Refunds/Account Termination

• If Orcus Technology fails to provide said services for whatever reason, a prorated refund will be granted. If Orcus Technology is forced to suspend or terminate your services due to a violation of our stated policies, no refunds will be given. If you request account cancellation, your account will be suspended from us once your service has been canceled. Within 30 days, it will be erased. If your account is suspended for any other reason and continues suspended for more than 10 days, it will be erased. If a customer has multiple accounts with Orcus Technology, Orcus Technology reserves the right to suspend all the accounts if one or more accounts are not paid until all of the payments are made.
  • If you are discovered to be in breach of our terms and conditions, there will be no refund.
  • If you use our service for the second time, there will be no refund. It is only given to a buyer once for any product.

9.Content

• All services are provided by Orcus Technology. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or Bangladesh Government’s local law is prohibited. This includes, but is not limited to copyrighted material, the material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secrets or other laws. The subscriber agrees to indemnify and hold harmless Orcus Technology, from any claims resulting from the subscriber’s use of Orcus Technology’s services that damages the subscriber or any other party.
• We do not allow Web Proxy Services / Scripts or file hosting services on our shared web hosting server or web hosting plans. No remote uploading/processing scripts usage like the rapid leech, Php music search, Rapidshare premium link generator, etc are not allowed on our shared web hosting server. Torrent seeding using torrent flux or similar script may also cause a suspension in our network immediately. You are also not allowed to host an Image/Video Hosting site with us on our shared web hosting server or web hosting plans which takes lots of CPU resources and abuse the server memory, but such materials aren’t limited to our VPS/Dedicated Server plan. Although, we do not allow any kind of video streaming using FFMPEG or any format on the shared web hosting server, though if malicious material is found through a complaint from the abuse department, certain action will be taken in an urgent manner. But no video streaming matters are not limited on our VPS/dedicated server plans.
• On shared web hosting service/server user only can host media files (mp3/music, image, video etc.) with the size under 20Mb which must needs to be linked to the HTML/Script files or for the need of the hosted website. But the media files ratio must not be more then 10% of the HTML/Script files. Any larger number of media hosted on the shared web hosting service/server plan will be considered as abuse and will subject to immediate termination of that account without any notification. But no such restriction is placed for the VPS or Dedicated Server hosting plans.
• List of prohibited content or links include (but are not limited to):
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to Rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs.
  • Sites promoting illegal activities.
  • Forums and/or websites that distribute or link to warez/pirated/illegal content.
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
• Examples of unacceptable material on all Dedicated servers include:
  • IRCD (IRC servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs.
  • Sites promoting illegal activities.
  • Forums and/or websites that distribute or link to warez/pirated/illegal content.
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
• Using any shared web hosting account provided by Orcus Technology as a backup/storage (files/database dump/file sharing media etc.) device is not permitted. Orcus Technology’s shared web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual number of files. A shared web hosting account is for website storage only not for a using it as remote file storage service or for hosting file storage application (eg. File Cloud, OwnCloud, NextCloud, RapidLeech etc). If we find any shared web hosting account involved with such activity, we will be considered as abuse of Orcus Technology’s TOS and is subject to immediate suspension/termination of the service. But backup/storage matters are not restricted to the VPS/Dedicated Server plans. Any website whose disk space usage for storing the files exceeds 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about. Orcus Technology services, including all related equipment, networks, and network devices are provided only for authorized customer use. Orcus Technology systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Orcus Technology system(s) constitutes consent to monitoring for these purposes Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Orcus Technology may, at its discretion, request and require documentation to prove access to a third-party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]Orcus Technology[dot]com and we will be happy to assist you Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography: Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice.

10. Opt-in Email Marketing

• If you choose to engage in marketing your site and/or services via email, please heed the following. The only permitted form of email marketing is that in which the list is accepted in. By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. If we find your account transmitting email to persons that did not authorize such activity, that is grounds to suspend and terminate your site. Note: On the flip side, joining an opt-in email list does not guarantee the legitimacy of such a list. Please contact us before taking any steps so that you will not be a victim of spam from second and third parties of such lists.

11. Zero Tolerance Spam Policy

• We have a zero-tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as spam mail. The definition of spam: An electronic message is spam mail IF:(1) the recipients personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND(2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender. You will be cited with UCE/UBE Abuse if you send an email to persons who have not specifically asked to receive the email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any Orcus Technology customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that server’s uptime record and performance record, you subject that server to the possibility of being blacklisted.
• If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:
  • You must not try to hide, forge, or misrepresent the sender of the e-mail and sending site of the e-mail.
  • Bulk mailings must specifically state how the persons e-mail addresses were obtained and must indicate the frequency of the mailing.
  • Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid address may be used instead.
  • All subscription-based e-mails must contain legitimate, non-electronic contact information for the sending organization, such as a phone number or physical mailing address.
  • All bulk emails must be solicited, which means the sender has an established and verifiable relationship with the e-mail recipient and the recipient has not requested to be removed from the sender’s mailing list. Upon request, documentation of the sender’s and recipient’s relationship must be made available to AOL.
  • Unsolicited Bulk Email is a practice of sending unsolicited emails to many people. It is forbidden to send any type of unsolicited bulk email over Orcus Technology servers. It is also forbidden to transmit UBE from another service provider advertising a website, email address, or any other resource housed on Orcus Technology servers. When communications transmitted from another Internet Service Provider violate this Policy or the other provider’s, Orcus Technology accounts or services may not be utilized to solicit customers from, or collect replies to, those messages.
  • Unconfirmed Mailing Lists are being used. It is against the law to add email addresses to any mailing list without the owner’s clear and verifiable authorization. Closed-loop mailing lists must be used by Orcus Technology customers. Each address owner’s subscription confirmation message must be retained on file for the life of the mailing list’s existence. It is forbidden to purchase email address lists from third parties for mailing from any Orcus Technology-hosted website or to refer to any Orcus Technology account.
  • Operating an account on behalf of, or in connection with, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org or reselling any service to them.

12. Script Usage Policy

• Orcus Technology provides our clients with Web Hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such “active content” systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource over-run. Under most circumstances, we are able to pin-point it to the offending account on the system. The following rules apply to all “active content” files as listed above:
  • The script should only consume a little number of system resources. Scripts that use a significant amount of our RAM or processing will be suspended immediately until the owner is notified and an alternate solution is found.
  • At any given time, no user account may use more than 20% of system resources. If an account uses 20% or more of the system’s resources regularly, the account holder will be notified, and if no action is taken, the account will be stopped.
  • There is no guarantee that the scripts will interact with any server setup or hardware. Accounts that run these scripts will be terminated without warning and a refund.
  • The script cannot be referenced or used on any other site that is not hosted by Orcus Technology.
  • The script has to run promptly. Any script that spends more than a few milliseconds on the processor will be removed.
  • Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are discovered in your account, your account will be immediately terminated, and your actions will be reported to the appropriate local, state, and federal authorities, with legal action taken to prosecute the account holder to the fullest extent of the law
  • Chat room scripts written in Perl are strictly forbidden.
  • Only our high-end accounts will be able to run scripts that require a lot of bandwidth, such as non-Perl chat room scripts or banner rotation scripts.
  • Scripts must be kept secure. This regulation prohibits unnecessarily chmoding scripts to 777. This guideline also prohibits keeping scripts in a publicly accessible directory (one without an index.html file).
  • You entirely must ensure the security of your website script. Orcus Technology will not be held liable for any losses incurred by your account because of a script leak or backdoor.
• NOTE: If a script will not run with permission other than 777 (which is uncommon), you can contact customer service for approval, which will be granted in most cases. Any accounts with scripts discovered to violate these policies will have their CGI, Perl, CFM, ASP, and PHP scripts scrutinized by our System Administrators in the future. If a script is deemed to be damaging to the system, it will be terminated at once, and the account will be locked down until the account owners are informed. Accounts with malicious scripts will be terminated immediately, with no reimbursement of any pre-paid fees.

13. Resource Usage Policy

13.1 Server Resource Abuse Policy (SRAP)

• • Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to upgrade to a dedicated server. The abuse and misuse of system resources is a serious problem, and Orcus Technology does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory can be used by any one account. In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP, and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return Errors and not be accessible in any way.

A.1: Average Server Resource Limits

• Per account, file, or application, memory use cannot exceed 10%.
• The CPU use varies by shared hosting plan, which can be viewed on the plan details page.
• The number of Apache connections is limited to 30.
• Per domain, 15 MySQL maximum user connections permitted 250 emails per hour.
• At any moment on the server, run stand-alone, unattended server-side processes. This contains all daemons, including IRCD.
• On shared servers, you can run any form of web spider or indexer (including Google Cash / AdSpy).
• Any software that connects to an IRC (Internet Relay Chat) network can be used.
• Run any BitTorrent client, tracker, or application. You are permitted to link to legal torrents hosted elsewhere, but you are not permitted to host or store them on our shared servers.
• Take part in whatever file-sharing or peer-to-peer activity you can think of.
• Run whatever game server you want, such as Counterstrike, Half-Life, Battlefield 1942, and so on.
• Run cron entries with less than 15-minute intervals.

13.2 Illegal Usage

• Orcus Technology’s servers are ready to use for legal purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. The subscriber to Orcus Technology service agrees to indemnify and hold harmless Orcus Technology from any claims resulting from the use of the service that damages the subscriber or any other party. Orcus Technology will be the sole arbiter as to what constitutes a violation of this provision.

13.3 Illegal Content

• Orcus Technology does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated. This includes NPH-Proxy and web proxy. If your site is found to hold any proxy files, your account will be suspended, and the account holder will be issued a fee of $50 USD. When using an account with shell, you are not allowed to run ANY servers or services on the Orcus Technology network. Servers are defined as perlbots, proxies, BitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. Orcus Technology reserves the right to terminate an account for these activities also.

13.4 Software Distribution

• Orcus Technology web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales for special arrangement.

13.5 Chat Rooms

• Orcus Technology does not provide nor allow chat rooms in a shared hosting environment. You may elect a dedicated server to run a chat room efficiently.

13.6 IRC

• Orcus Technology does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.

13.7 Liabilities

• Orcus Technology makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall Orcus Technology be liable for any direct, indirect, incidental, consequential, special, and exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products provided through your website. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.

13.8 IP Address Ownership

• Orcus Technology shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Orcus Technology. Orcus Technology reserves the right to change or remove all such IP numbers and addresses.

14. Security

• Users are prohibited from violating or attempting to violate the security of the Orcus Technology Network. Violations of system or network security may result in civil or criminal liability. Orcus Technology will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
  • Accessing material that is not meant for the user or connecting onto a server or account that the user is not authorized to access.
  • Attempting to probe, scan, or test a system’s or network’s vulnerability, or to circumvent security or authentication mechanisms without proper authorization.
  • Attempting to disrupt service to any user, host, or network, including, but not limited to, overloading, ping flooding, mail bombing, and other methods.
  • In any e-mail or forum posting, forging any TCP/IP packet header or any part of the header information.
  • Taking any action to gain services to which the User is not entitled.
  • Attempting to combine many hosting packages to take advantage of large amounts of space or bandwidth.
• Each hosting package paid for is exclusive to a single main domain and use – you cannot mix bandwidth and space by purchasing numerous plans. Such transactions will be stopped and labeled as misleading by Orcus Technology. All our services have an upgrade path, and if users ask for help, we can often work out special deals for them. System or network security violations are forbidden and may result in criminal and civil penalties. The following are some examples, but they are not exhaustive: Access, use, probe, or scan of a system’s security or authentication mechanisms, data, or traffic without authorization. Mail bombing, flooding, purposeful attempts to overload a system and broadcast attacks are all examples of interfering with service to any user, host, or network. In an email or a newsgroup posting, forging any TCP-IP packet header or any part of the header information.

15. Server Abuse

• Any attempts to undermine or cause harm to a Orcus Technology Web server or subscriber of Orcus Technology Web is strictly prohibited including, but not limited to:
  • Logging into a server or account that you don’t have permission to use
  • Obtaining services not intended for you or your use by accessing data or taking any action.
  • Attempting to probe, scan, or test any system, subsystem, or network for vulnerabilities.
  • Without sufficient authorization, tampering, hacking, changing, or otherwise damaging or compromising security or authentication measures.
  • Transmission of material containing viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines with the aim or effect of damaging, destroying, disrupting, or otherwise degrading the functionality or operation of a computer or the System.
  • Interfering with, intercepting, or taking control of any system, data, or information
  • Interfering with any user’s, host’s, or network’s service, including, but not limited to, overloading, “flooding,” “mailbombing,” or “crashing” any computer system
• You will be held responsible for all actions performed by your account whether it be done by you or by others. All sub-networks of Orcus Technology. and all dedicated servers must adhere to the above policies.

16. Bandwidth and Traffic Measurement and Overage Fees Policy

• All monthly traffic listings for Shared hosting, VPS, Dedicated Servers, or any other hosting plans consist of the sum of incoming and outgoing traffic allowance. Incoming and outgoing traffic allowances are calculated on a 50/50 split of incoming to outgoing traffic based on the total allocated traffic, therefore the incoming and outgoing traffic allowances are each half of the total listed traffic. Any traffic usage exceeding either the incoming or outgoing traffic total will be billed at the rate described in your plan while you purchased per MB/GB over. Orcus Technology’s traffic usage policy is simple! You are allotted a portion of traffic per month to do as you please. For shared hosting plans, if the amount of data transfer exceeds the user’s plan subscription, the account will be suspended but the user may receive warnings through an email, and you may be contacted by Orcus Technology/Orcus Technology staff for overuse and you may be given positive options. For any shared bandwidth port (that is offered mostly with VPS/Dedicated Server/FTP server plan) Orcus Technology will not provide any minimum bandwidth guarantee (either it’s international/IX) but the user can have any amount of dedicated bandwidth port and for on dedicated bandwidth port upstream service provider will Provide 75% bandwidth guaranty up to upstream service provider’s Singapore/UK server/pop in case of International and 100% up to IX service provider’s port. The dedicated bandwidth port comes as an addon, for pricing offer for the dedicated bandwidth port contact Orcus Technology’s sales team.

17.Scheduled Maintenance and Downtime

• Orcus Technology Web server will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Orcus Technology Web’s control or which are not reasonably foreseeable by Orcus Technology Web, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Orcus Technology Web will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Orcus Technology Web has no responsibility for downtime resulting from a user’s actions. Also, the 99.99% network uptime guarantee does not apply for shared accounts.

18.Responsibility (Reseller/Client)

• The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free for All links pages). Use of Orcus Technology’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: the use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. The client agrees that it is not the responsibility of Orcus Technology to provide this knowledge or support outside matter specific to Orcus Technology servers.

19.Backups

• Orcus Technology takes extreme steps to maintain system integrity. However, Orcus Technology shall not be held responsible for the loss of data due to any cause. To ensure the highest level of data protection, Orcus Technology recommends that ALL information/data be backed up on their user’s computer from time to time as per their need. As with any data that you hold of high importance, it should be always in more than one location. Only Orcus Technology’s shared web hosting server user is having automated complementary (no data consistency or guarantee is included) remote data backup (any account having more than 50 GB of data is not covered under the complementary remote data backup features) option available with no extra charge which is primarily designed for restoring the data from the last best backup if the shared web hosting server ever faces any hardware/service etc. failure, not for customer/users error. Noted: VPS/VDS/Dedicated server user doesn’t have any data backup option included by default. Nor even any backup of the VPS/VDS/Dedicated server customer’s data is stored on Orcus Technology’s side for any disaster recovery purpose. So, it’s always the customer’s responsibility to create their backup strategy. But backup solutions can be provided/provisioned via the 3rd party vendor with additional pricing according to the 3rd party vendor’s terms/solutions.

20.Actions

• The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. Orcus Technology will be the sole arbiter as to what constitutes a violation of the AUP. Orcus Technology reserves the right to remove any account without prior notice. When Orcus Technology becomes aware of an alleged violation of its AUP, Orcus Technology will initiate an investigation. During the investigation, Orcus Technology may restrict customers’ access to prevent further potentially unauthorized activity. Depending on the severity of the violation, Orcus Technology may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such a violation is a criminal offense, Orcus Technology will notify the appropriate law enforcement authorities of such a violation. Orcus Technology does not issue credits for outages incurred through service disablement resulting from AUP violations. Orcus Technology customers agree to indemnify and hold harmless Orcus Technology from any claims resulting from the use of our services that damages them or any other party. The Orcus Technology service is provided on an as-is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Orcus Technology expressly disclaims any representation or warranty that the Orcus Technology service will be error-free, secure, or uninterrupted. No oral advice or written information given by Orcus Technology, its employees, licensors, or the like, will create a warranty; nor may you rely on any such information or advice. Orcus Technology and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

21.Modification

• Orcus Technology reserves the right to add, delete, or modify any provision of this policy at any time without notice.

21.Refusal of Service

• We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of the refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of the refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customers account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided. There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time, a server is unstable, and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

22.General

• Terms Of Service are subject to change without any prior notification. These Terms of Service are a legally binding contract between the subscriber and Orcus Technology. By opening an account, the subscriber agrees to the above-stated terms. Anything not listed in the Terms of Service is open to interpretation and change by Orcus Technology. Administrators without prior notice. All prices, except for the 30-day money-back guarantee, are non-refundable and non-negotiable. Any violation of these Terms of Service will result in the termination of the account. Orcus Technology. Maintains the right to terminate accounts without prior notification. We reserve the right to remove any account with 15 days’ prior notice.