1. Introduction and Definitions

1. These terms and conditions govern your use of the access and services of orion-webhost.com (the "Web Site"). Within this document, orion-webhost.com may be referred to as "the company" or "us" or "we." These terms of service apply to all users (referred to as "you" or "the user") of the Web Site and the services provided by the company. "Services" are defined as leased game servers, leased dedicated servers, forums or any other services provided by the company to the user.
   
   
2. By selecting the "I agree" box next when placing an order for services with the company, you agree to be bound by the Terms of Service contained herein. If you wish to withdraw your consent, you may do so by sending an e-mail to support@orion-webhost.com.
   
   
3. We reserve the right to revise or amend these Terms of Service at any time and any manner. You should check this web page periodically for updates, noting the "last updated" date at the top of the page. This information may be printed and retained by the customer.
   
   
4. If you have any questions about the Term of Service, please contact us at info@orion-webhost.com or by calling us at 866-LOW-PING. You may only access the Services by agreeing to these Terms of Service. If you do not agree with these Terms of Service or with any updated Terms of Service, please leave the Web Site and do not order, and discontinue all Services provided by us.
   
   
5. You warrant that you are of the age of majority under the law in your state, country or province, and have the legal capacity to agree to the Terms of Service. If you are between the ages of not at least the age of majority under such law, you must have the permission of your parent or legal guardian to access our Web Site or use our Services.

2.  Payment

1. Recurring Service. By ordering Services from the company, you are agreeing to recurring billing. If you do not wish to continue the Services, you must place a cancellation request as described below before the next billing period. Your billing date will be visible in your Account Management screen.
   
   
2. Payment Processing - All payment collection is done by orion-webhost.com. When paying via credit card the Services provider name on your statement will appear as "orion-webhost.com." If you have questions about your billing you may contact orion-webhost.com at support@orion-webhost.com or 01661843640.
   
   
3. Payment Forms Accepted - We accept payment via Visa, MasterCard, PayPal, and cashier"s check or money order. Wire transfers may be accepted with prior approval from us.
   
   
4. Paying for Services - All payments are due before Services are rendered. A Service month is 30 days. Service payments are expected on or before your next bill date. You may also elect to have your Service period be 3 x 30 days, 6 x 30 days or 12 x 30 days during your order process, provided payment for such periods is delivered to us in advance for all such periods to which such election applies.
   
   
5. When paying via Credit Card all active service dues will be auto charged to your credit card on file. If you have a negative balance on your account those charges will be deducted via credit card for that unpaid amount. We will continue to charge you for Services until you cancel as provided in Section 3.f. All billing is recurring based on the payment terms you specify upon sign-up. We reserve the right to debt your credit card at anytime for any payments that are due.
   
   
6. Service Cancellation. Services must be cancelled prior to the next billing date to avoid being billed. Your Services will remain active through the period you are paid through, and you will not be billed again after that date. To cancel your Services, go to your Account Management screen on our Web Site and select the "Cancel Service" link below the Service you wish to cancel. This is the only manner in which you may cancel your account -- cancellations via e-mail, support ticket or telephone will not be accepted. When you cancel your Services, you will receive a confirmation via e-mail; if you do not receive a confirmation e-mail please contact us. Save the e-mail confirmation for future reference.
   
   
7. If you would like to cancel a service part way through a billing period, you may notify the billing department and we will place a credit for the remainder of the period into your account with orion-webhost.com only. This amount is not refundable.
   
   
8. Account System. If your account has a credit card on file our system will bill the last credit card you used on your payment screen. All service is ducted from your online account then collected. You are responsible for keeping your online account balance on or above a $0.00 balance. All donations you collect through our web site which are properly received by us will be added to this total. When service charges apply all amounts will be first deducted from your online account balance. Remaining charges will be auto debited from your credit card on file.
   
   
9. Service Changes - You may change, upgrade or downgrade your Services at anytime. Additional fees may apply for Services upgrades if you are upgrading Services in the middle of your current billing cycle. There are no prorated Service credits for Service downgrades.
   
   
10. We reserve the right to refer all collections for unpaid balances to a collection agency for collection on said account. No cancellations will be accepted or treated as an official response to cancel via email or support ticket. We will assume you want to continue Services until you cancel your account. There are no refunds on unused Services.
    
    
11. Refunds. Except as set forth above in 2.a (relative to the 5-day money-back guaranty), all payments to orion-webhost.com are non-refundable with the sole exception listed below in 3.k(i).

1.    Customers may set up PayPal subscriptions to pay for their service. If they cancel the service with the company but neglect to cancel the PayPal subscription, the company will refund any overpaid amount up to 60 days from the date of the payment.

3.   To access our Web Site or our Services, you may be asked to provide registration details or other information. It is a condition of your use of our Services that all information you provide will be correct, current, and complete. If we believe that the information you provide is not correct, current, or complete, we have the right to refuse you access to our Services and to terminate or suspend your access at any time with no refund due.

4.   Customer Responsibilities - You are responsible for the upkeep of your server, including but not limited to adding mods, maps, game play related files and server configuration modifications. The Company will assist you in this effort, however we cannot guarantee support for mods, maps and other game play related files. If your server is not operational, you are required to notify us as soon as possible via a support ticket found on our web site or. We do not monitor game servers, however our server management system will attempt to restart servers if they stop.

5.   You are solely responsible for keeping your username and password secret. You must immediately notify us if you believe your username or password security has been breached. We will have no obligation to safeguard your username and password.

6.   Abusive or offensive language will not be tolerated by users and guests on the forums, support tickets or phone. Any violation of this policy will result in a suspension of site access or such other action as may be reasonably required by the Company to ensure compliance. In addition, you are not entitled to make comments with regard to the Company's operation in any media or forum.

7.   Data Security and Backups. You are solely responsible for any and all backups of your data. orion-webhost.com will incur no liability for any loss of data due to hardware or software failure, or for any other reason. orion-webhost.com highly recommends keeping backup copies of files, configurations, mods and other important files on your local computer.

8.   Software liability and customer responsibilities - Dedicated servers and co-location are self managed products unless otherwise noted. We include some basic software services but do not provide any guarantee over software other then the operating system that is first installed. You are responsible to keep your server(s) up to date with service patches, free from virus infestations, etc. In the event a system becomes unusable you are responsible for any additional remote hands charges to get that system back to an operating state.

9.   Pricing Subject to Change - Prices for the Services are subject to change without notice. In order to be eligible for new lower pricing you must submit a support ticket with the request to be changed to the lower rate

10.   IN NO EVENT WILL orion-webhost.com BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES orion-webhost.com OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE orion-webhost.com FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF orion-webhost.com's GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE SERVICES.

11.   All information pertaining or relating to Services, support or agreements between the company and the client sent via email, support ticket or otherwise stated is confidential information between the company and the customer or respective parties unless otherwise noted in writing. It is strictly prohibited to exchange, post, email, or transmit in any form without written consent of the company or company legal parties.

12.   INTELLECTUAL PROPERTY NOTICE. Logos images and/or marks may not be used without expressed written permission from orion-webhost.

13.   Disclaimer of Warranties. THE COMPANY MAKES AND YOU RECEIVE NO EXPRESS WARRANTIES WITH REGARD TO THE SERVICES EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. ANY STATEMENTS OR REPRESENTATIONS ABOUT THE SERVICES ON THE WEBSITE OR IN ANY COMMUNICATION WITH YOU CONSTITUTE TECHNICAL INFORMATION AND NOT AN EXPRESS WARRANTY OR GUARANTEE. IN ADDITION, THE COMPANY SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MECHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICES HAVE ANY SECURITY FEATURES.