In this document, unless the context requires otherwise:
OrangeGoss We, our or us means OrangeGoss (ABN 17 335 495 696) and any agents contractors or employees of OrangeGoss.
The Customer, You or your means the customer who receives the OrangeGoss Services and/or products your employees agents or any other person who uses your account, login or password, with or without your authorisation or the person applying for, or the holder of, a Domain Name Licence.
The Commencement Date of this agreement is the earlier of:
the date that your application to OrangeGoss for access to the OrangeGoss Network is accepted; or the date that you first access the OrangeGoss Network
The Customers indemnifies OrangeGoss and holds OrangeGoss harmless against any damages arising from any claims brought by The Customer or any other person against OrangeGoss from The Customers use of the OrangeGoss Service, The Customers negligence or The Customers breach of this agreement.
Except as provided by the contrary by Legislation The Customer acknowledges that OrangeGoss is not under any liability to The Customer in respect of any loss or damage which The Customer may suffer from the provision of the OrangeGoss Network or its inability to do so. In particular OrangeGoss accepts no liability for any loss of business, personal discomfort or any other damages arising from or alleged to have arisen from the loss of or non-provision of services to The Customer or any third party.
We specifically exclude any implied warranties from this Agreement. If by Legislation we are required to give a warranty as to services then The Customer agrees that our liability for any breach of such warranty is limited to
the supply of the OrangeGoss Service again; or
the payment of cost of having the OrangeGoss Service supplied again.
the maximum amount you may claim from us for Losses suffered or incurred by you in connection with this agreement is limited to the aggregate amount of fees which you have paid us at any time, less any amounts already paid out or due to be paid out by us to you for any reason.
DATA PROTECTION AND SECURITY:
Customer Data. Customer is solely responsible for the security and content of all Customer data stored in OrangeGoss’s hosted environment and any data, applications or third party services run in or through the OrangeGoss provided environment (”Customer Data”), and Customer Data is and at all times shall remain Customer’s exclusive property.
Legal Requirements. Customer is solely responsible for determining if any Customer Data must comply with any law, standards, and policies, including without limitation, those related to data privacy and security (collectively referred to herein as the “Legal Requirements”) and ensuring that the Customer Data does comply with all applicable Legal Requirements. Customer acknowledges and agrees that OrangeGoss has no way of reviewing Customer Data.
Customer shall encrypt at the application level all Sensitive Customer Data. “Sensitive Customer Data” means Customer Data that is required to be treated as confidential under state or federal law or under Customer’s contractual obligations to others Information. Customer shall promptly notify OrangeGoss upon becoming aware of any data breach or unauthorized access to OrangeGoss’s network or servers and accounts. Customer will take all commercially reasonable steps to cooperate with OrangeGoss’s investigation and resolution of the reported breach or unauthorized access. Notwithstanding the foregoing, Customer acknowledges and agrees that OrangeGoss makes no representation or warranty regarding the security of its Services.
Email communications are not secure and can be intercepted by unauthorised parties. We cannot provide absolute assurances that all electronic transmissions (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won’t be lost, mis-delivered, destroyed, delayed, or intercepted/decrypted by others. Therefore, we advise against sending sensitive or personally identifiable information via electronic communications and disclaim all liability with regard to electronic communications if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others. Customer is responsible for all aspects of email security and username/password management.
Access and Use:
OrangeGoss is not responsible to Customer for unauthorized access to Customer Data or unauthorized use of the Services through authorized or unauthorized access provided by Customer to third parties. Customer is responsible for the use of the Services by any of Customer’s employees, affiliates, officers, directors, shareholders, agents or representatives, or any other third party given access to the Service, and any third party who gains access to Customer Data or Services as a result of Customer’s failure to use reasonable security precautions, even if such access was not authorized by Customer.
You may use the service for the purpose of web site hosting so long as such use is legal and does not constitute an unacceptable use.
The Service Provider does NOT allow ADULT material of any kind. Adult material includes nudity, porn, etc. Links to other web sites containing adult material are NOT permitted either. The Service Provider reserves full right to suspend any account that does not comply with this guideline.
You may not use the Service for any purpose that violates local, State, Federal or international laws.
You may not use the Service for spamming (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups); spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message), generating extremely high volumes of outgoing mail than a normal user, and subscribing someone else to an electronic mailing list without that person’s permission.
The Service Provider’s services may not be used as a conduit of spam, or for transit of spam, or for activities relating to the propagation of spam or benefiting thereof. The Service Provider remains the final arbitrator of what is or is not considered spam on the Service Provider’s network.
Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email.
You may not abuse our server resources. Running programs in the background on our server without our prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of the Service Provider’s servers. In addition any domain that exceeds reasonable bandwidth usage can be terminated without prior notice.
You may not use the Service Provider’s servers for development purposes. The Client’s web site must be fully developed and tested before it can be moved to our servers. If we find excessive number of errors in the web log files of your account, we reserve the right to suspend your account without prior notice until your web site is debugged.
You may not use your the Service Provider hosting account as a download repository. If you plan to offer files, other than web page files, for downloading, including music and video files, you must negotiate the terms with the Service Provider. We reserve the right to suspend such accounts without prior notice.
You may not use your account for hacking/cracking. We reserve the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.
The Customer is responsible for securing their username/password.
Customer shall be responsible maintaining all backups for all Customer Data on OrangeGoss’s servers. In the event OrangeGoss provides backup assistance on its servers, it is provided, without additional charge, as a courtesy (“Courtesy Support”) to Customer. OrangeGoss has no liability for any lost or corrupted Customer Data resulting from the provision of Courtesy Support.
HIPAA and HITECH Act:
Customer shall immediately notify OrangeGoss if any of the data in the applicable Service environment includes Protected Health Information (“PHI”), as that term is defined Title II, Subtitle F of the Health Insurance Portability and Accountability Act of 1996, as amended. If the data does include PHI, Customer shall ensure Customer is utilizing a HIPAA-compliant Service, and the parties shall enter into a Business Associate Agreement (“BAA”).
Payment Card Industry – Data Security Standards (“PCI-DSS”):
If, as necessary to perform its obligations under the Agreement, OrangeGoss possesses or otherwise stores “cardholder data” (as that term is defined by the Payment Card Industry Data Security Council https://www.pcisecuritystandards.org) on behalf of Customer, OrangeGoss and Customer agree that each Party is responsible, as may be designated in the applicable Service Description, for those certain PCI-DSS requirements as applicable.
EU General Data Protection Regulation:
Customer shall notify OrangeGoss if it intends to use OrangeGoss Services with Customer Data that is subject to protection under General Data Protection Regulation 2016/679 (“GDPR”). Such notification shall require the Parties execute a Data Protection Addendum (“DPA”) under which OrangeGoss will be a Processor (as defined under the GDPR) on behalf of Customer. Customer may not utilize any Services with Customer Data that is subject to GDPR protection until such time as the Parties have executed a DPA.
Modification of Terms:
We reserve the right to change, amend, modify, add or delete any of these Terms and Conditions, at any time, in an exercise of our sole discretion. These amendments, modifications, additions or deletions apply as they are updates (whether or not you are aware of those amendments, modifications, additions or deletions).