ORC Webhosting GmbH Landquart/Switzerland

General Terms and Conditions (GTC)

This web hosting agreement is between ORC Webhosting GmbH and the person(s) using our website hosting and domain service. Please read our terms carefully to ensure you understand them before purchasing any of our products or services.

1. scope

These General Terms and Conditions govern the legal relationship between ORC Webhosting GmbH Webhosting & Domains, hereinafter referred to as ORC Webhosting GmbH, and its customers who use the services of ORC Webhosting GmbH as an Internet service provider. General terms and conditions of the customer shall not become part of the contract, unless their validity is expressly agreed. As far as domains are subject of this contract, the terms and conditions of the responsible registry shall apply additionally.

2. services of ORC Webhosting GmbH

ORC Webhosting GmbH enables the contract partner to access independent networks and services. Access is granted in each case after legitimation of the customer by means of user ID and password.

ORC Webhosting GmbH endeavors, within the scope of its operational possibilities, to offer the service around the clock without interruption or malfunction. The customer will be informed - as far as possible - in good time about foreseeable service interruptions that are necessary for fault clearance, maintenance work, expansion of the service, etc.

ORC Webhosting GmbH provides technical support for YOU that is only in our area of expertise. This expertise includes support, troubleshooting for our cPanel Control Panel interface, for servers that are our direct responsibility and for all other hosting-related issues.

Unlike many other hosting companies, we do our best to help with scripts, templates and programming languages. However, ORC Webhosting GmbH is under no obligation to help you install new application modules, templates and/or programming languages, nor to fix bugs caused by applications you have previously modified.

If the customer makes use of extraordinary technical support services, which are not included in the e-mail support for the web space account, these will be charged with CHF 45.- per support unit after prior consultation. One support unit corresponds to 15 minutes.

Insofar as the registration of domain names is the subject of this contractual relationship, ORC Webhosting GmbH owes only the procurement of the domain. The customer can only assume a final allocation after confirmation by ORC Webhosting GmbH.

ORC Webhosting GmbH is authorized to use and publish the services provided for the customer as a reference, as long as the customer does not clearly object to this.

3. obligations of the customer

The customer is obliged:

To report any recognizable defects or damage without delay (fault report) and to take all reasonable measures to enable the defects or damage and their causes to be determined or to facilitate or accelerate the elimination of the fault.

After submitting a malfunction report, the customer shall reimburse ORC Webhosting GmbH for the expenses incurred by the inspection of its facilities if and to the extent that the inspection reveals that the malfunction was the customer's responsibility.

immediately notify ORC Webhosting GmbH of any changes to its name, company, place of residence or business, billing address, legal form or any other material circumstances that may have a legal effect on the contractual relationship with ORC Webhosting GmbH.

To keep his user ID and password confidential. He has the possibility to change his access password or have it changed at any time.

The customer is responsible to ORC Webhosting GmbH for any use of the Internet access through his account and is liable for any damage caused by misuse of the access.

The customer undertakes to take the necessary measures to prevent unauthorized access to third-party systems, manipulation of programs or the introduction of computer viruses via its access to the Internet or other networks.

To identify the content he places on the Internet as his own or third party content and to give his full name and address.

To observe international and Swiss law and the generally accepted rules of conduct when using Internet access.

He is responsible for the content of the information that he or third parties transmit or have transmitted, retrieve or hold ready for retrieval via his account with ORC Webhosting GmbH. In particular, the following information content may not be disseminated via the customer's Internet access:

  • Providing material that is grossly offensive to the web community, including blatant expressions of bigotry, racism, hatred, or profanity.
  • Promoting or providing information about illegal activities.
  • Promoting physical harm or injury against a group or individual.
  • Displaying material that contains obscene nudity or pornographic material (does not apply to managed dedicated servers).
  • Display of material that exploits children under the age of 18.
  • Infringements of copyright, including offering pirated computer programs or links to such programs.
  • Information used to circumvent the copy protection devices installed by the manufacturer, including serial or registration numbers for software programs or any type of cracker utilities

The customer undertakes not to initiate any advertising circulars or mass mailings (mailing campaigns) by e-mail via e-mail addresses of his domain.

In order to offer subscriptions with free data transfer in the long term, the customer of ORC Webhosting GmbH commits to fair use, i.e. excessive or unnecessary use of the subscription (e.g. mass mailings, download-only sites, etc.) is avoided.

ORC Webhosting GmbH reserves the right to block the customer's web hosting service with immediate effect at the customer's expense in the event of improper use. This also applies in the event that no actual legal claim exists.

Misuse shall be deemed to be, in particular, the customer's failure to comply with the contractual obligations set out above and below (Item 4). The blocking shall remain in effect until the respective facts have been clarified or the customer provides proof of the actual harmlessness of the contents. ORC Webhosting GmbH further reserves the right to block the customer's webhosting service at the customer's expense if the customer's user behavior in any way (chat, forum, etc.) impairs the server's operating behavior. ORC Webhosting GmbH's claims for compensation of all resulting direct and indirect damages, including financial losses, are expressly reserved in any case of misuse of the webhosting service or violation of the General Terms and Conditions. The customer further agrees to indemnify and hold ORC Webhosting GmbH harmless from and against any and all third party claims. This indemnification obligation also includes any costs incurred for legal defense, such as court and attorney fees. ORC Webhosting GmbH is not obliged to check the contents of the customer.

4. email

The customer is obligated to regularly check the incoming mail in his personal electronic mailbox (e-mail). The unsolicited sending of advertising e-mails (SPAM) by the contracting party to third parties is not permitted. ORC Webhosting GmbH reserves the right to block the customer's access without prior notice until the matter is clarified. The sending of unsolicited mass e-mails (spamming, mail bombing) via the servers of ORC Webhosting GmbH is prohibited. Likewise, the operation of mailing lists to an extent that could endanger the operational stability of the systems is strictly prohibited. Such behavior constitutes misuse of the web hosting service and will result in the sanctions mentioned above (item 3).

5. server abuse

Any attempt to undermine or harm a server or customer of ORC Webhosting GmbH is strictly prohibited.

ORC Webhosting GmbH will react sharply to any use or attempted use of an Internet account or computer without the owner's permission. Such attempts include "Internet scamming" (tricking other people into giving out their passwords), password theft, vulnerability scanning, etc.

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to ORC Webhosting GmbH, will result in action against YOU. Possible measures include warnings, account suspension or deletion, and civil or criminal action, depending on the severity of the attack.

IMPORTANT NOTICE - ORC Webhosting GmbH has the right to discontinue service or deny access if anyone violates our policies or the listed terms WITHOUT WARNING or PRIOR NOTICE. There will be no refund of any fees paid if the account termination is due to a violation of the listed terms.

You may not run IRC, bots, or clients on shared servers. Unacceptable uses also include, but are NOT limited to, bulk email, unsolicited email, newsgroup spamming, upload scripts (rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy relaying, link farming (the act or use of scripts), link killing, link-only sites, spamdexing, FFA (Free-For-All), and/or anything else deemed by ORC Webhosting GmbH to be unacceptable use of our services, including misuse of server resources.

WEB APPLICATIONS AND SCRIPTS ACCESSIBLE THROUGH THE WEB - Any web applications that are outdated and actively exploited will be shut down immediately without prior notice. You are responsible for YOUR web-based applications and scripts and should review them regularly to ensure their security and compliance.

6. misuse of storage space

ORC Webhosting GmbH shall be the sole judge of what constitutes a violation of this provision. You are responsible for monitoring your storage space. If you need additional storage space, please contact one of our employees who will be happy to assist you. You can also expand your hosting plan from your ORC Webhosting GmbH customer account.

7. backup

The customer shall make backup copies of data that the customer transmits to ORC Webhosting GmbH - in whatever form. Even if the servers of ORC Webhosting GmbH are regularly backed up, the customer is responsible for backing up the transmitted data. In case of data loss the client is obliged to transmit the concerned data again to ORC Webhosting GmbH free of charge. If the customer wishes a data recovery by ORC Webhosting GmbH, this is carried out after possibility and against payment depending upon expenditure. However, ORC Webhosting GmbH does not guarantee in any case that the data can be restored.

8. request for restoration of a backup

During each service period, the customer may request up to one recovery codeless for any reason. If the customer needs to request a restore afterwards, a one-time fee of CHF 50.- will be charged.

9. data protection risks

There are various data protection risks for the customer when using the Internet. In particular, data privacy is not guaranteed when data is transmitted unencrypted. It must also be assumed that unencrypted e-mails can be read, modified or suppressed by third parties without authorization. Encryption and ciphering of the transmitted information can improve protection against unauthorized access. Firewalls can prevent or at least make it more difficult for unauthorized third parties to gain access. Taking measures to improve data protection is the responsibility of the customer.

10. changes to the network of ORC Webhosting GmbH

Upgrades and other changes to ORC Webhosting GmbH's network, including but not limited to changes in software, hardware and service providers, may affect the display or operation of content and/or applications hosted by the Customer. ORC Webhosting GmbH reserves the right to change the network at its sole discretion, and ORC Webhosting GmbH shall not be liable for any damages incurred by the Customer as a result.

11. force majeure

ORC Webhosting GmbH shall not be liable if the non-fulfillment of the contractual obligations is due to an event beyond the control of ORC Webhosting GmbH, including but not limited to a significant failure of any part of the power grid, a significant failure of the Internet, natural disasters, war, riots, civil commotion, epidemics, strikes or other organized labor disputes, terrorist activities, or other events of such nature or magnitude as are not usually foreseeable in the industry.

12. electronic commerce

You are solely responsible for the development, operation and maintenance of your online store and products and for all content and materials that appear online or on your products, including without limitation:

  • The accuracy and appropriateness of the content and materials that appear in the store or relate to your products.
  • ensuring that the content and materials appearing in the Shop or relating to your products do not infringe or violate the rights of any third party and ensuring that the content and materials appearing in the Shop or relating to your products are not defamatory or otherwise illegal.
  • You are solely responsible for the final calculation and application of shipping and sales taxes. You are also solely responsible for accepting, processing and fulfilling customer orders and for handling any customer inquiries or complaints that may arise.

You are also responsible for the security of customers' credit card numbers and related customer information that you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and use the same level of care and security that you use with your confidential information.

13. prices and payment

The prices at the time of the conclusion of the contract shall apply. The customer is obliged to pay the agreed prices in due time. In case of default of payment by the customer, ORC Webhosting GmbH is entitled to prevent the use of the services not yet paid for and all other services and to block the corresponding accounts.

In case of delayed payment ORC Webhosting GmbH is entitled to send reminders and to charge reminder fees. Reminders/reminder and reminder fees are as follows:

  • After 2 days of delay you will receive a reminder.
  • After 8 days of delay you will receive the 2nd reminder plus CHF 5.
  • After 15 days of delay you will receive the final reminder.
  • After 18 days your account will be suspended/blocked.
  • After 30 days your unpaid service will be deleted COMMENT FREE.

ORC Webhosting GmbH disclaims any liability for data lost as a result.

For new accounts, only the current offers and prices published on the website of ORC Webhosting GmbH apply. ORC Webhosting GmbH reserves the right to change offers and prices at any time.

Invoicing is done electronically. If dispatch by mail is desired, ORC Webhosting GmbH is entitled to charge a reasonable handling fee.

Payment method: At the customer's option by bank transfer, PayPal or Bitcoin. The total amount is due upon receipt of the invoice without deduction.

New accounts will be set up against invoice, payable within 10 days. ORC Webhosting GmbH reserves the right to take legal action against the customer if the customer does not pay the amount due. ORC Webhosting GmbH will usually remind the customer of the payment after the actual payment deadline and before deactivating the account.

ORC Webhosting GmbH is generally entitled to delete accounts including their content after the payment period has expired.

14. lifetime price guarantee

ORC Webhosting GmbH offers a lifetime price guarantee for all web hosting packages. This means that you will keep the same price as long as you are a customer with us. You will never receive a price increase. If prices drop unexpectedly, you will not be entitled to a price reduction. Your price will remain the same as long as you are a customer of ORC Webhjosting GmbH.

Excluded from the price guarantee are promotional prices. This means that the web hosting package purchased at the promotional price will have the original price again when renewed after 1 year, and this price will then be valid for the entire term. The price guarantee applies ONLY to web hosting. All other products like domains, servers etc. are excluded from the price guarantee.

15. money back guarantee

The 30-day money-back guarantee applies only to the Easy and Premium web hosting products. All other products and services of ORC Webhosting GmbH are excluded from it. The customer is not entitled to the money-back guarantee for ordered domain names as well as setup fees and fees of the respective partner companies (credit card fees, Paypal etc.) of ORC Webhosting GmbH. If the service includes a free domain, the amount of the free domain will be charged and the difference, webhosting minus domain price, will be refunded.

16. domain name registration

You agree to pay ORC Webhosting GmbH, prior to the effective date of the requested domain registration, the amount shown in ORC Webhosting GmbH's price list for the initial registration of the domain name and, if you choose to renew the registration, for subsequent renewals of the registration. All fees are not refundable, in whole or in part, even if your domain registration is suspended, terminated or transferred prior to the expiration of your current registration period.

ORC Webhosting GmbH reserves the right to change or reapply fees, surcharges and renewal fees at any time and without giving reasons at its sole discretion.

Your domain name will not be registered until we have received the registration fee and have confirmed your registration by sending an e-mail from ORC Webhosting GmbH to the e-mail address provided in your registration application. In the event of a chargeback by a credit card company (or similar action by another payment processor authorized by ORC Webhosting GmbH) in connection with payment of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration is assigned to ORC Webhosting GmbH as the entity paying for such registration and that we reserve all rights with respect to such domain name, including, without limitation, the right to offer the domain name for sale to other parties.

ORC Webhosting GmbH will restore your domain registration at its sole discretion and subject to receipt of the initial registration or renewal fee and the applicable reconfiguration fee.

17. transfer of domain registration to ORC Webhosting GmbH

You agree to pay to ORC Webhosting GmbH, prior to the effective date of the requested domain name transfer, the amount in effect at that time as set forth in ORC Webhosting GmbH's price list for initial domain name transfer requests. You agree and acknowledge that the domain name transfer fails for the following reasons and the fees will not be refunded:

  • No response from the registered name holder or administrative contact.
  • Domain name in the registrar's revocation status
  • Expiration of the domain name registration period or other restrictions, except during the first 60 days of initial registration or during the first 60 days after a registrar transfer

18. transferring the domain away from ORC Webhosting Ltd.

ORC Webhosting GmbH reserves the right to refuse the request for transfer of the domain name for the following reasons:

  • No response from the registered name holder or administrative contact.
  • The domain name is in Registrar Lock status and there is no request from the Registered Name Holder or Administrative Contact to change the status
  • The domain name registration period expires in less than 60 days or there are restrictions other than the first 60 days of initial registration or the first 60 days after a registrar transfer.
  • There are outstanding fees/open invoices that need to be paid.

You agree and acknowledge that the failure or success of any domain transfer is your sole responsibility and ORC Webhosting GmbH shall not be held liable for the failure of any domain transfer for any reason.

Domain registrations are non-refundable. Please do not buy the domain name until you are sure it is exactly what you want to buy.

Some domain transfers, such as .ch domains, are free of charge. Free of charge is the term you have paid with your previous registrar, i.e. you will only receive an invoice for the renewal after this term has expired. This is not visible during the order process, because this is technically not possible. After successful transfer, the domain/runtime will be synchronized with our registry and the remaining term will be displayed correctly in the customer center.

19 Conclusion of Contract, Term of Contract, Renewal, Termination

By the online order of the contracting party and the acceptance of the order by ORC Webhosting GmbH by allocation of storage space and access data for the web space account, a contract for the use of the services offered by ORC Webhosting GmbH is concluded.

The setup data shall be transmitted to the customer electronically. The prerequisite for the use of these services on the part of the customer is Internet access with the necessary equipment and full payment of the invoiced charges.

The contract is concluded for 1 month, 3 months, 6 months or for 1 year, 2 years or 3 years, depending on the selected term. If the customer does not wish to extend the contract, he undertakes to terminate the contract in time, i.e. at least one month (30 days) before its expiry. After this period, the subscription will be automatically extended for another year and the received invoice will be due for payment. ORC Webhosting GmbH sends 30 days, in case of monthly payment 15 days, before the expiration of the contract period an invoice by eMail with PDF attached for the contract renewal.

The prices and General Terms and Conditions of ORC Webhosting GmbH valid at the time of the conclusion of the contract shall apply to the renewal of the contract. Should one or more provisions of our General Terms and Conditions be invalid, the provision that legally corresponds or comes closest to the intended purpose shall be deemed agreed. The remaining provisions remain unaffected.

ORC Webhosting GmbH is entitled to terminate the contractual relationship without notice for good cause. An important reason is in particular if the customer is in default of payment or violates provisions of these terms and conditions.

In case of withdrawal before the end of the billing period, no claim for refund can be made, the full amount is considered owed.

20. transfer of rights and obligations under the contract

The customer may transfer rights and obligations under this contract to a third party only with the written consent of ORC Webhosting GmbH.

21 Applicable law and place of jurisdiction

This contract is subject to Swiss law. The parties agree that the exclusive place of jurisdiction shall be the ordinary courts of the Canton of Graub√ľnden (CH). We are furthermore entitled to sue the customer at his general place of jurisdiction. The present general terms and conditions replace all previous versions.

7302 Landquart May 14, 2023 ORC Webhosting GmbH