Terms and Conditions for Web Hosting Services – Orbynet
This document establishes the Terms and Conditions for the Web Hosting service offered by Orbynet (hereinafter referred to as "THE COMPANY") to you, referred to as "THE USER".
1. GENERAL INFORMATION
THE COMPANY operates under the trade name "Orbynet". Its official website is Orbynet.com and the website where THE USER accesses their account is clients.Orbynet.com. The contact email address is ventas@Orbynet.net.
2. GENERAL OBLIGATIONS OF THE USER
THE USER agrees to provide truthful and verifiable information in the purchase order, releasing THE COMPANY from any liability arising from falsehood, identity impersonation, or document forgery. THE USER declares to be over 18 years of age and to have the legal capacity to contract this service. It is their obligation to know the General Terms and Conditions published on the official website.
3. GLOSSARY
For the purposes of this document, the definitions established in the General Terms and Conditions of Orbynet shall apply.
4. PURPOSE OF THE CONTRACT
THE USER acquires one or more of the services offered by THE COMPANY on its website, all of which are included within "The Orbynet Catalog", which includes, but is not limited to: Orbynet Plans in the Web Catalog (shared hosting), Orbynet Plans in the Web Catalog (for resellers), and Orbynet Plans in the Web Catalog (VPS). Each service has an independent price, visible at the time of payment. By clicking "Accept" and completing the monetary transaction, THE USER gives their binding consent to all clauses of this instrument.
The Orbynet Plans in the Web Catalog intended for resale are designed for THE USER to act as an intermediary between THE COMPANY and their own clients, also accepting the "Extended Terms for Resellers".
5. RESTRICTIONS AND PROHIBITED USES
THE USER accepts that THE COMPANY reserves the right to:
i. Monitor their account to identify violations.
ii. Access for investigation, cleaning, or security purposes.
iii. Temporarily or permanently suspend the service without prior notice.
iv. Cancel the service for misuse.
THE COMPANY is not responsible for any loss of website information; it is the responsibility of THE USER to perform periodic backups.
Expressly prohibited uses (non-exhaustive list):
Spam or advance-fee fraud.
Child pornography (a penalty of $100,000.00 MXN (ONE HUNDRED THOUSAND MEXICAN PESOS) shall apply, and the matter will be reported to the competent authorities).
Paraphilias, bestiality, coprophilia, necrophilia, or similar content.
Violation of copyright or intellectual property rights.
Denial of service (DoS/DDoS) attacks.
Countries with trade restrictions (Cuba, Iran, North Korea, Syria, Venezuela, among others).
Phishing, hacking, identity theft, vulnerability scanning.
Online pharmacies without a valid prescription.
Dissemination of false information, hate speech, harassment, violence, terrorism.
Unauthorized access to the internal systems of THE COMPANY.
THE COMPANY reserves the right to report any crime to Mexican authorities (National Code of Criminal Procedure).
6. SERVICE AVAILABILITY
THE COMPANY will make its best reasonable effort to keep the service available but shall not be liable for interruptions caused by:
Acts or omissions of THE USER.
Scheduled maintenance of the network.
Failures of external providers or THE USER's connection.
Violations of the Resource Usage Policy (RUP).
THE USER releases THE COMPANY from any liability for data loss. It is their obligation to maintain their own backups.
7. COPYRIGHT, INDUSTRIAL AND INTELLECTUAL PROPERTY
THE USER declares that all content (trademarks, images, texts, videos) hosted on THE COMPANY's servers is their property or that they have the corresponding authorization from the rightful owners. THE COMPANY acts solely as a storage medium and assumes no responsibility for infringements committed by THE USER.
8. EMAIL SERVICE
THE USER is responsible for keeping antivirus software updated on their equipment. THE COMPANY is not responsible for viruses not detected on its servers.
Prohibited uses of email:
Spam, fraud, pornography, illegal pharmacies, unauthorized gambling.
Mass mailing without a "one-click" unsubscribe option.
Use of purchased or rented lists.
Accepted use:
Only send emails to contacts who have given explicit consent (opt-in) .
Always include the sender's name and physical address.
If no mailings have been sent for 6 months, a reintroduction email must be sent.
9. BACKUP SERVICE
The backup service applies exclusively to Orbynet Plans in the Web Catalog of the VPS type that expressly include this feature, in any of their billing periods. The service is automatically activated upon purchase of the corresponding plan and ends upon termination of the associated service.
Backup service features and limitations:
Frequency: THE COMPANY will perform one (1) monthly backup, consisting of a complete image of the service.
Warranties: This is a free service without any warranties. THE COMPANY will use commercially reasonable efforts to perform and maintain monthly backups; however, it does not guarantee the availability, integrity, consistency, or viability of the backup.
Access: THE USER can view the existence of the monthly backup from their Client Panel.
Nature: The backup service is substitutive, not cumulative. Each new monthly backup will replace and permanently delete the previous month's backup.
Information and restoration responsibility:
THE USER is solely responsible for verifying and periodically performing their own backups. Restoration of information from the backup is done through the option enabled in the Client Panel. THE USER irrevocably accepts the content of their backup and does not hold THE COMPANY liable for unwanted, incomplete, or deleted information contained therein.
10. ACTIVATION, PRICE, AND UPGRADES
Activation: Immediate (maximum 48 hours) after payment by credit card, PayPal, or electronic transfer.
Price: The total amount including taxes is shown before payment.
Upgrades (plan upgrades): Only the proportional difference for the remaining time (prorated) will be charged. For VPS services, the service will need to be restarted (possible downtime). THE COMPANY may reject an upgrade due to resource availability.
11. WARRANTIES (VALID AS LONG AS ADVERTISED ON THE OFFICIAL WEBSITE)
11.1 Low Price Guarantee
Applies to Orbynet Plans in the Web Catalog. If you find a lower offer from a duly incorporated Mexican company (with the same technical and operational characteristics), we will match the price.
11.2 Availability Guarantee
Applies to Orbynet Plans in the Web Catalog. If the service fails for reasons attributable to THE COMPANY, a proportional discount will be granted (maximum 10 days of compensation per customer).
11.3 Immediate Activation Guarantee
Applies to Orbynet Plans in the Web Catalog. If your service is not activated immediately after payment (with no irregularities detected), you will be entitled to a 1-day discount.
11.4 Satisfaction Guarantee (30 days)
Applies to Orbynet Plans in the Web Catalog. If you are not completely satisfied within the first 30 calendar days, THE COMPANY will refund your money (applicable once per customer and per service). The refund will be made within 60 calendar days.
12. MIGRATION ASSISTANCE
THE COMPANY offers assistance to migrate your website from another provider exclusively for Orbynet Plans in the Web Catalog.
You must provide access credentials (username/password/IP) or a backup in a compatible format.
If the control panel is different from the standard supported by THE COMPANY, THE USER must perform the migration manually.
The migration of email accounts will be subject to the specific conditions of the plan contracted within the Orbynet Plans in the Web Catalog.
13. REWARDS (OrbynetPOINTS)
When contracting or renewing (only annual periods) any Orbynet Plan in the Web Catalog, you will accumulate points redeemable for products, domains, or digital gift cards.
Points are non-transferable and non-refundable.
THE COMPANY may cancel this program at any time.
Returns of products redeemed with points are not accepted.
14. ADDITIONAL SERVICES
If THE USER contracts third-party services through THE COMPANY, they accept the Annex on Limitation of Liability for Third-Party Services available on the official website.
15. RELATIVE PROVISIONS
This document is an accessory contract to the "General Terms and Conditions" of Orbynet. All clauses of the aforementioned main contract (rights, obligations, actions, omissions, etc.) apply equally to this instrument.
16. JURISDICTION AND COMPETENCE
For all matters relating to the interpretation, compliance, and execution of this contract, THE COMPANY and THE USER expressly submit to the applicable laws of the United Mexican States and the jurisdiction of the competent courts of the city of Mérida, Yucatán, Mexico, expressly waiving any other jurisdiction that might correspond to them due to their present or future domicile, or for any other reason.