1. OrangeSky Websites offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the ‘Service’) on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time.
2. You must be at least 18 years old and competent to enter into a contract to use the Service. Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.OrangeSky Websites.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by OrangeSky Marketing, LLC. (‘OrangeSky Websites’, ‘we’, or ‘us’).
3. Users posting any of the above content on their sites will be notified using User’s current email address on file and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, OrangeSky Websites will suspend the services of the member account until a resolution is met between OrangeSky Marketing, LLC. and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees. In addition, OrangeSky Websites does not allow any of the following:
- Users may not use the Service as a remote storage server only.
- Users may not access the Service through automated methods. Use of robots or other computer code which calls the Service, except where explicitly allowed, is absolutely forbidden.
- Users must exercise caution when hosting large downloads (>10MB). OrangeSky Websites reserves the right to refuse to host any large downloadable files.
- Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Service.
4. Users are not permitted to knowingly allow another website or hosting server to link to content files stored on OrangeSky Websites’ servers. Users deemed to be using OrangeSky Websites solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed. The final choice of whether an account is in violation of any of these policies is at the sole discretion of OrangeSky Marketing, LLC. Violation of any of these policies may result in tracking information being stored to identify the offending user and permanent restriction from holding an account on the Service.
- User agrees to a twelve (12) month agreement with OrangeSky Websites.
- User can opt to upgrade or downgrade their service agreement to any other contract agreement that OrangeSky Websites is currently offering for sale at any time during User’s contract term. In the event of a contract downgrade, a discount credit will be issued to User’s OrangeSky Websites account for the difference in the cost of the two contracts over the remainder of the User’s original contract term. This credit can be applied to future months of service with OrangeSky Websites and is in no way transferable to a cash refund.
- At the end of the contract term, the contract will automatically renew indefinitely until explicitly canceled by the User. Cancellation must be issued via the User’s website Manager interface or via OrangeSky Websites’ support addresses. Any cancellation issued via the customer’s website Manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website Manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
6. Chargeback / Refund Policy
- OrangeSky Websites will not, under any circumstances, issue cash refunds for early contract cancellation. Some packages begin with an obligation-free trial which will allow you to evaluate the service for a set period of time.
- If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
- OrangeSky Marketing, LLC. has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
7. Temporary Use License Granted
- Only for the duration of being logged into the User’s valid OrangeSky Websites account, the User is hereby granted a non-exclusive, non-transferable temporary license, subject to the terms and qualifications of this Agreement, to use the Services only on the single computer that temporarily accesses the Services directly from the OrangeSky Marketing, LLC. website.
- A valid OrangeSky Websites account may only be created and maintained by a User who fully provides valid personal information about the User in the signup process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with the terms of this Agreement.
- The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other devices, or copy or otherwise use such information to create derivative works.
8. Material and Products
- OrangeSky Marketing, LLC. and its Partners provide Services on an “as is” basis.
- OrangeSky Marketing, LLC. shall make no effort to validate any information provided by the User for use with Services for content, correctness or usability.
- Use of OrangeSky Marketing, LLC. services require a certain level of knowledge in the use the Internet and World Wide Web. The User is required to have the necessary knowledge to use the Internet and the World Wide Web.
- It is not the responsibility of OrangeSky Marketing, LLC. to provide free support for the User in the use and operation of OrangeSky Marketing, LLC.
- Only services and features clearly indicated as “free” or “no charge” are free or without charge. All other applications, features, functionality, and support provided by OrangeSky Marketing, LLC. and its partners are provided for a fee and the User is liable for such fees.
- The User may not rent or lease or provide the Services (including any software or documentation used by or with the service) to third parties.
- The User may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
- The User may not store, publish, or give the Services (including software and documentation) to others, or otherwise enable its use by others.
9. OrangeSky Websites Etiquette and Privacy
- Electronic forums such as mail distribution lists and newsgroups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution.
- The network resources of the OrangeSky Marketing, LLC. may not be used to impersonate another person or misrepresent authorization to act on behalf of others or OrangeSky Marketing, LLC.
- All messages transmitted via OrangeSky Marketing, LLC. should correctly identify the sender; Users may not alter the attribution of origin in electronic mail messages or posting.
- All users shall not attempt to undermine the security or integrity of computing systems or networks of OrangeSky Marketing, LLC., its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access.
- OrangeSky Websites reserves the right to terminate any account that does not include a valid email address on file. This email address must be stored in the profile for the administrative account within User’s website on the OrangeSky Websites system.
10. Age and Nature of the User
- The User certifies that he or she is a person at least 18 years of age.
- The Services may not be used by any automated device or automated computational machine.
- The Service may only be used or accessed through an electronic device under the manual control of User at all times.
- OrangeSky Marketing, LLC. shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the User or through the OrangeSky Marketing, LLC. services.
- The User takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
12. Lawful Purpose
- Services provided to or used by the User may only be for lawful purposes.
- Transmission, storage, copying, or modifying any material or other actions by User in violation of any Federal, State or Local regulation is prohibited.
- This includes material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets.
- This also includes, but is not limited to, material protected by copyright, trade secret, or any other statute, threatening material, or obscene material.
- Users are prohibited from using OrangeSky Marketing, LLC. services for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which OrangeSky Marketing, LLC. deems, in its sole discretion, to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. This also includes links or any connection to such materials. The designation of any materials as such described above is left entirely to the discretion of the OrangeSky Marketing, LLC. management.
- The subscriber agrees to indemnify and hold harmless and defend OrangeSky Marketing, LLC. from any claims resulting from the User’s use or User’s allowed use by others of the Services which damages either OrangeSky Marketing, LLC., its officers, its employees, its directors, its partners, or another party or parties.
13. Limited Liability
- User shall defend, indemnify, save and hold OrangeSky Marketing, LLC. (including, its agents, its clients, its servants, officers, directors, and employees) harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.
- User shall defend, indemnify and hold harmless OrangeSky Marketing, LLC. (including, its agents, its clients, its servants, officers, directors, and employees) against any and all Liabilities caused directly or indirectly the User or any person who User allows to access the Services.
- Under no circumstances, including negligence, shall OrangeSky Marketing, LLC. (including, its agents, its clients, its servants, officers, directors, and employees) or anyone else involved in creating, producing or distributing OrangeSky Marketing, LLC. services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the OrangeSky Marketing, LLC. 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 OrangeSky Marketing, LLC. records, programs or services. This paragraph shall apply to all content and functionality of OrangeSky Marketing, LLC. Service.
- Notwithstanding the above, User’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to OrangeSky Marketing, LLC. during the current month.
- Such limitations shall apply to OrangeSky Marketing, LLC. total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of, destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
14. Trademarks and Copyrights
- User warrants that it has the right to use any trademarks, processes, or other materials it uses with the Services if any.
- User warrants that its content does not infringe any third party copyrights or patents.
15. Service Reliability and Warranties
- OrangeSky Marketing, LLC. makes no warranties or representations of any kind, whether expressed or implied for the Services.
- User’s, use of OrangeSky Marketing, LLC. services are at User’s sole risk. Neither OrangeSky Marketing, LLC., its employees, directors, affiliates, agents, third-party information providers, merchants licensers or the like, warrant that OrangeSky Marketing, LLC. service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the OrangeSky Marketing, LLC. Service, unless otherwise expressly stated in this Agreement.