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Clients | Privacy | Terms | ||
Services
Subject to the terms and conditions of this Agreement, OrangePips.com will provide the web design, web hosting, email hosting and/or related services agreed and documented at the point of order. The specific plan of Services to be provided shall be established through correspondence between you and OrangePips.com.
Billing
We will invoice you according to your contract. We will issue invoices in either hard copy or electronically according to your preference. Invoices will contain detailed payment instructions. Payments are due upon receipt of invoice. A $50 fee will be charged for insufficient funds cheques. Your services may be deactivated if your fees are not paid within 15 days of the due date.
Domain Name Registration and Transfer
At your request OrangePips.com will register all domains in your name and you will be the sole owner of your domain(s). OrangePips.com will pay your Registration Fees and renewal fees as long as you are a customer. We will bill you for all such registration and renewal fees we pay on your behalf. The specific fees for domain registrations, transfers and renewals will be determined at the time of service by OrangePips.com published list of services as offered from time to time. If you ever terminate your service with us and you would like to take your domain(s) with you, there will be a $75 processing fee per domain to transfer your domain(s). OrangePips.com makes no representation that the domain names you wish to register are capable of being registered or that they will be registered in your name. You should therefore not assume registration of your requested domain name(s) until you have been notified of completion of the registration of the domain(s). Any action you take before such notification is at your own risk. The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority.
Price Changes
We reserve the right to change out pricing structure at any time without notice. Pre-paid contracts will be maintained at the original rate for the period of pre-payment. In the event that prices are increased, we guarantee that contract renewals will be available to customers with existing current contracts at a rate not exceeding a 20% uplift on their contract in any one year. In the event that the published package price is reduced then customers with existing contracts for that package will be offered the full reduction of the package price for any renewals.
Intellectual Property
By becoming a customer of OrangePips.com, you have granted us the right to place information you have given us on your site and other sites and you agree to indemnify and hold us harmless against any and all claims or causes of actions that may arise with respect to the information, against us or our affiliates. You are responsible for obtaining any and all necessary consents and clearances required to lawfully make use of any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect to your proposed domain name(s). You agree that all information submitted to, stored or distributed via the Services will not infringe copyright or any other intellectual property rights. With the exception of the information you give us to place on your site OrangePips (or our affiliates) will maintain full rights to all other intellectual property including designs, layouts, program code and scripts, database structures and scripts, proprietary strategies and processes, and other intellectual property of OrangePips (or our affiliates). In the event that you wish to cancel your contract with OrangePips, but obtain the website in reusable form either in full or in part, we will make this available for a one-off fee of $50 per web page.
Web Site Hosting, Online Transactions and E-mail
You agree that you will use the Services only for lawful purposes. You agree not use the Services in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so. You agree not post, link to or transmit any material which is unlawful in any way; any material containing a virus or other hostile computer program; any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction. You also agree not use the Services for spamming. Spamming includes, but is not limited to (1) the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients, (2) the sending of junk mail, (3) the use of distribution lists that include people who have not given specific permission to be included in such distribution process, (4) posting commercial ads to USENET newsgroups that do not permit it, (5) posting articles containing binary encoded data to a non-binary newsgroups, (6) excessive and repeated posting off-topic messages to newsgroups, (7) excessive and repeated cross-posting, (8) e-mail harassment of another Internet user or users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive, and (9) the e-mailing of age- inappropriate communications or content to anyone under the age of 18. OrangePips.com shall make reasonable attempts to respond to any complaints you may make regarding the receipt of spam or other harassing e-mail.
Authorship Marks and Client References
By using the services, you grant OrangePips.com the right to place a reasonably sized and positioned logo and/or text link ("Authorship Marks") on website pages and Enhanced Email Templates included in the services. You also agree that OrangePips.com may reference our relationship with you and the services we supply to you, provided such references do not violate your intellectual property rights or confidentiality rights.
Warranty
All information on your site is provided to you and end users on an "as is" "as available" basis without warranty of any kind either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Use of your site is at the risk of you and the end user. We do not warrant that use of your site will be uninterrupted or error-free. As a service to you and people who visit your site, we permit you to publish information regarding yourself and your services. We do not recommend or endorse you, and we are not responsible for the accuracy or reliability of any opinion, advice, or statement made by you or otherwise through your site. It is your responsibility to ensure the accuracy, completeness, or usefulness of any information or content available on or through your site.
Limitation of Liability
We specifically disclaim any liability, whether based in contract, tort, strict liability or otherwise, for any actual, direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of your site, even if we have been advised of the possibility of such damages, including liability in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, interruptions in telecommunications connections to the site or viruses, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Web site, software, or related information, records or programs and whether in contract or tort. You agree to release, indemnify, defend and hold OrangePips.com harmless from and against any liability, damages, costs or losses arising from or in connection with any use of the Services.
Modifications to Policies
We reserve the right to modify the policies governing any OrangePips.com service at any time. Modifications will be posted to our corporate website at www.OrangePips.com or otherwise made available to you. Once posted to our website or otherwise made available to you, you are deemed to be apprised of and bound by any changes to these policies.
Governing Law
OrangePips.com operates from its offices within Ontario, Canada. OrangePips.com makes no representation that the information in your site is appropriate or available for use in other locations, and access to your site from territories where its contents may be illegal is prohibited. Those who choose to access your site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claims relating to the information available on your site will be governed by the laws of the Ontario, Canada. This agreement is assignable by OrangePips.com only.