Our Policies

Effective date: December 01, 2020.

Table of Contents

Terms Of Service

1. Purpose

These Terms of Service (“TOS”) are a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Transition Technology Limited (“us”, “we”, or “our”) operates https:// https://hostingorphic.com. By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, and our Server Maintenance Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.

2. Customers

While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your products and services (“End Users”).

3. Services

Hosting Orphic provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”.  Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by Hosting Orphic is included as part of the “Services” we refer to in these TOS and the Policies.  All Services are subject to each of our Policies.  Services may also be provided by third parties and their terms of service or use that may contain additional or different terms will also apply to your use of their services.  We may change the specifications or details of the Services at any time but we have no obligation to change the Services.  Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the Services are delivered.  We will use commercially reasonable efforts to inform you of changes to the Services.

a.    Knowledgebase.  Additional information on our Services, including those listed below, can be found in our Knowledgebase, located at: https://hostingorphic.com/whmcs-bridge-2/?ccce=knowledgebase. These TOS govern where they are in conflict with anything posted in the Knowledgebase.

b.    Services Offer.  Hosting Orphic offers a number of different products and services, including those listed below.  These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.

           i.         Shared Web Hosting (Linux or Windows based):  https://www.hostingorphic.com/shared-hosting

         ii.         Domain registration: https://www.hostingorphic.com/domain

        iii.         Website Development: https://www.hostingorphic.com/website-development-services

c.    Terms Specific to Domain Name Services.

           i.         We resell domain names. When you apply to register a domain name, your request is transmitted to eNom (www.eNom.com).  By using our Domain Name Services, you agree to be bound by eNom’s domain name registration policies and procedures, so please read them. These policies and procedures are available at: www.eNom.com/terms .Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered.  After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.  

         ii.         It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain.

        iii.         Hosting Orphic will use commercially reasonable efforts to comply with any legal order to cancel, modify, or transfer your domain name. You also agree and understand eNom policies for Domain Verification and any other current or future policies they might enact.  More information can be found here: https://www.enom.com/raa/

d.    Terms That Apply to All Hosting Services.

           i.         Our Hosting accounts are allocated bandwidth depending on the package you select.  The bandwidth for Services purchased does not rollover and is not creditable across periods.  In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.

         ii.         We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select.  You may request additional IP addresses for an additional fee.  If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.

        iii.         In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

e.    Terms That Apply To Particular Hosting Services.

           i.         Cloud Shared Web Hosting accounts are allowed to use a maximum of two hundred and fifty thousand (250,000) inodes and twenty five (25) concurrent HTTP connections to the server.

         ii.         For Shared Cloud Web Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared Cloud Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website).  You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice.  We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) cPanel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data.  

        iii.         For our cPanel Shared Cloud Web Hosting, we provide complimentary nightly backups of your data.  If your cPanel account falls into one of the above categories, it will not be included in our complimentary backup service.

a.    Accounts cannot have more than 100,000 Inodes

b.    Accounts cannot have more than 20GB disk usage

If your cPanel account falls into one of the above categories, it will not be included in our complimentary backup service.

       iv.         Email Hosting enables a user to use specific Services, including cPanel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings.  Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage  storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits.  Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails.  Email accounts may be subject to storage quotas specified in a particular package.

         v.         Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all.  IP address blacklisting beyond our control may also affect email delivery.

4. Access

You will not have physical access to any of the servers on which your data is stored.  These servers will often be shared with third parties.  Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.

5. Control Panels

a.    cPanel is provided through a third party.  When you subscribe for use of cPanel with any of the Services, you agree to be bound by cPanel’s End User License Agreement, available at: http://cpanel.com/legal-store.html.  Please be sure to review cPanel’s End User License Agreement before use of cPanel-related Services.

b.    PleskPlesk is provided through a third party.  When you subscribe for use of Plesk with any of the Services, you agree to be bound by Plesk End User License Agreement, available at: https://www.plesk.com/eula/.  Please be sure to review Plesk’s End User License Agreement before use of Plesk-related Services.

7. Enrollment; Account Information

a.    Enrollment.  You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS.  You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening.  Further, before using the Services, you represent and warrant to Hosting Orphic that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.

b.    Account Information.  You are required to provide us with accurate information when setting up your account.  You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.

c.    Account Security

           i.         You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. Hosting Orphic is not liable for any damages, direct or indirect, that result from unauthorized account access or use.  

         ii.         You agree to give Hosting Orphic permission to access to your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies.  We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

8. Term of Agreement; Billing & Payment.

a.    Term.  We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”).  We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services. If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month.

b.    AUTOMATIC RENEWAL. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”).  For more information on automatic renewal, please see our Refund and Billing.  If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:

           i.         Submitting a cancellation by contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending email billing@hostingorphic.com.

c.    TerminationRegardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account.

           i.         Termination for Convenience.

1.    Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written email notice to the other.  We only accept cancellations through email.

         ii.         Hosting Orphic Termination.  We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of Hosting Orphic’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (x) forward email, or other communications or (y) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications.  If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit.

d.    Post Termination Access.  If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar ($50) or more to cover the cost of the access.  All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.

e.    Billing, Refund & Payment.  Please see our Refund & Billing Policy for additional details on billing, refunds, and payment processes and procedures.  

9. Money Back Guarantee

We don’t want any customers to leave.  However, if you do want to leave, we offer a Money Back Guarantee that will allow you to receive a full or partial refund of certain fees.  For details on this policy, please see our Refund & Billing Policy.

10. Use of the Services

Your use of the Services is governed by these TOS, including our Policies.  Hosting Orphic provides no guarantee that the Services will be uninterrupted, or continuous, or that you will be able to access Hosting Orphic’s network at a particular time, or that any data transmitted by Hosting Orphic is accurate, error free, virus free, secure, or inoffensive.

11. Testimonials

You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information in Section 19 and we will cease using the Endorsement soon after processing your request.

12. Data Backups

You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of Hosting Orphic’s network. Hosting Orphic is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.

13. Licenses; Intellectual Property; Data Ownership

a.    Services performed or provided by Hosting Orphic are not a “work made for hire” and we hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies.  The license is non-exclusive, non-transferable, non-sub licensable worldwide, and royalty free and terminates when you or Hosting Orphic terminates the Services.

b.    All right, title and interest in Hosting Orphic’s technology shall remain with Hosting Orphic, or Hosting Orphic’s licensors. You are not permitted to circumvent any devices designed to protect Hosting Orphic, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

c.    We use all information we gather as specified under the terms of our Privacy Policy.  You hereby grant Hosting Orphic, and any third parties used by Hosting Orphic to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services.

d.    For information on how we share data and other confidential information, please see our Privacy Policy.

14. Hosting Orphic’s Warranty

a.    Hosting Orphic warrants that it will perform the Services in accordance with prevailing industry standards. To make a warranty claim, you must notify Hosting Orphic in writing, specifying the breach in reasonable detail, within thirty (30) days of the alleged breach. Your sole and exclusive remedy, and Hosting Orphic’s sole and exclusive obligation, in the case of a breach of warranty is, at Hosting Orphic’s option, to (i) reperform the Services, or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance.  SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.

 

15. Your Representations and Warranties

a.    You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.

b.    It is your responsibility to ensure that you can connect with us to use the Services.  You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services.

c.    You have read and agree to the terms outlined in the Hosting Orphic Support Policy.

d.    You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any.

e.    You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.

16. Disclaimers

a.    EXCEPT FOR THE WARRANTY IN SECTION 14, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO HOSTING ORPHIC), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by Hosting Orphic, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS.  Hosting Orphic does not represent or warrant that the Services are complete or free from defects or errors.

b.    Hosting Orphic is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us.  Hosting Orphic is not responsible for any loss of data, for any reason. Hosting Orphic is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

c.    Hosting Orphic is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.

d.    HOSTING ORPHIC SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to Hosting Orphic shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.

e.    SOME STATES DO NOT ALLOW HOSTING ORPHIC TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.

17. Limitation of Liability

a.    It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Hosting Orphic has no liability, of any sort, for content you or your customers access from the Internet.

b.    In no event shall Hosting Orphic be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. For the purposes of this paragraph only, the term “Hosting Orphic” shall be interpreted to include Hosting Orphic’s employees, agents, owners, directors, officers, and affiliates.

c.    Notwithstanding anything to the contrary contained in this policy, Hosting Orphic shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these Policies.

d.    IN NO EVENT WILL HOSTING ORPHIC’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY HOSTING ORPHIC FROM YOU FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

e.    Hosting Orphic will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy.  Our uptime commitment described in the Server Maintenance Policy does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.

18. Indemnification

a.    You agree to indemnify, defend, and hold harmless Hosting Orphic and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from Hosting Orphic personnel or authorize Hosting Orphic personnel to conduct; (ii) any violation by you of these TOS or any of Hosting Orphic’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.

b.    Hosting Orphic shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by Hosting Orphic hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Hosting Orphic. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, Hosting Orphic shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Hosting Orphic promptly in writing of the claim and giving Hosting Orphic full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in Hosting Orphic’s opinion is likely to occur, Hosting Orphic shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.

19. Notices

a.    Notices will be sent to you at the email address in your account. It is your obligation to ensure that we have the most current email address for you by keeping your account information up to date.

b.    Please refer to our website, https://www.hositngorphic.com/, for contact information for most issues, including technical support and billing. Notices regarding this TOS and other Hosting Orphic Policies should be directed to:

2 Frederick Street Kings Cross

London WC1X 0ND

UNITED KINGDOM

21. Date of Policy 

These TOS last updated December 09, 2020.

 

Server Maintenance Policy

1. Purpose

This is Transition Technology Limited (“us”, “we”, or “our”) operates https:// https://hostingorphic.com Server Maintenance Policy.  This Server Maintenance Policy discusses the ways in which we maintain our technology to improve and administer the Services (as defined in the Terms of Service) and how you will be impacted by those actions.  

2. Uptime Guarantee

We offer a 99.9% uptime commitment.  We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week.  However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable advance notice to you for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

3. Maintenance

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment.  Hosting Orphic will make a reasonable effort to advise Hosting Orphic customers as far in advance as possible of any predicted extended outages.

a.    Definitions.  Three types of maintenance downtimes are defined:

           i.         Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.

         ii.         Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.

        iii.         Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.

       iv.         Scheduled Downtime” includes (i) and (ii) above.

b.    Limitations. This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support.  Major system upgrades may require additional Scheduled Downtime.

4. Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA.  Hosting Orphic is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

5. Customer Responsibilities

a.    It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. Hosting Orphic will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods.

b.    WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.

c.    Please contact support at https://hostingorphic.com and file a ticket if you have any questions.

 

6. Date of Policy

This Server Maintenance Policy was last updated December 09, 2020.

 

Support Policy

1. Purpose

This Transition Technology Limited (“us”, “we”, or “our”) operates https:// https://hostingorphic.com Support Policy.  The purpose of this Support Policy is to clearly lay out Hosting Orphic’s support policies and procedures so that all customers have a clear understanding of what can be expected of us and what we expect of you, our valued customer, in connection with our delivery and your use of the Services (as defined in the Terms of Service). We ask that every customer read these policies and familiarize themselves with them. We look forward to providing quality support for all of your hosting needs.  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

2. Backup of Data

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA.  Hosting Orphic is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

3. Methods of Support

a.    Support Generally. Support we offer is included as a Service.  We do not charge for responding to technical support tickets, phone calls or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.

b.    Technical Support TicketsThis is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.

c.    LiveChat is available on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.  

d.    Phone. We do not encourage contacting us through a phone call therefore it is advisable to contact us via email, live chat and tickets for timely resolution.

4. Customer Relationships

We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.

5. Support Hours 

The timeframes below are when the applicable method of support is provided.  You can of course submit tickets outside this time frame, but answers may not be received until business hours resume.

6. Technical Support Tickets 

24 hours a day, 7 days a week

1.    LiveChat: 24 hours a day, 7 days a week

2.    Billing Tickets: Monday-Friday 9:00AM – 7:00PM US Eastern Time

 

7. Billing and Sales Support

Billing and Sales tickets are handled as quickly as possible.  Please see our Refund and Billing Policy

 

8. Date of Policy

This Support Policy was last updated December 09, 2020.

 

Acceptable Use Policy

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into Transition Technology Limited (“us”, “we”, or “our”) operates https://hostingorphic.com Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Transition Technology Limited may modify this AUP at any time without notice.

The Services provided by https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) may only be used for lawful purposes. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) reserves the right to refuse service to anyone. Any material that in our judgment violates this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to an email from our abuse department within the specified time period in our email to you may result in the suspension or termination of the Services.

You are responsible for the activities of your agents, representatives, and end-users ("Users") and will they abide by this AUP. The Services shall be used solely for legitimate business and commercial purposes, and you shall not use the Services for activities which, in https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company)’s sole discretion, may be illegal, offensive, abusive, or in a manner that interferes with or adversely affects the Services or use of the Services (including deliberate attempts to overload a system and broadcast attacks) or that would expose https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) to criminal or civil liability.

1)Prohibited Uses

Infringement of Intellectual Property Rights.

Use of the Services to infringe upon another party’s intellectual property rights is prohibited. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. Selling or offering to sell any counterfeit merchandise will result in the immediate termination of your account. Any account found to be infringing on the intellectual property rights of others will be expeditiously removed or access to the material will be disabled. Any account found to be in repeated violation of this prohibition will be suspended or terminated.

If you believe that your intellectual property rights are being infringed upon, please email info@hostingorphic.com. For copyright infringement claims, https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures.

Using a shared account as a backup/storage device.

You may not use a shared hosting account as a backup/storage device with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

1)Unacceptable Material

Zero Tolerance Adult Content Policy

https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) has a zero tolerance policy in effect for adult content. We do not allow any content considered “adult material” on our servers. This includes any type of media that may contain nudity, partial nudity, or anything else of adult nature determined in https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company)’s sole discretion. Violators of this policy will be immediately terminated without a refund. Additional prohibited content is outlined below:

Unacceptable material on our servers include without limitation:

1)     Topsites

2)     Any website related to Cannabis, CBD is strictly forbidden.

3)     IRC Scripts/Bots

4)     IRCD (irc servers)

5)     Proxy Scripts/Anonymizers

6)     Image Hosting Scripts (similar to Photobucket or Tinypic)

7)     AutoSurf/PTC/PTS/PPC sites

8)     IP Scanners

9)     Bruteforce Programs/Scripts/Applications

10)  Mail Bombers/Spam Scripts

11)  Banner-Ad services (commercial banner ad rotation)

12)  File Dump/Mirror Scripts (similar to rapidshare)

13)  Commercial Audio Streaming (more than one or two streams)

14)  Escrow/Bank Debentures

15)  High-Yield Interest Programs (HYIP) or Related Sites

16)  Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

17)  Sale of any controlled substance without prior proof of appropriate permit(s)

18)  Prime Banks Programs

19)  Lottery/Gambling Sites

20)  MUDs/RPGs/PBBGs

21)  Hacker focused sites/archives/programs

22)  Sites promoting illegal activities

23)  Forums and/or websites that distribute or link to warez/pirated/illegal content

24)  Bank Debentures/Bank Debenture Trading Programs

25)  Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

26)  Mailer Pro

27)  Push button mail scripts

28)  Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

29)  Tell A Friend Scripts

30)  Anonymous or Bulk SMS Gateways

31)  Bitcoin Miners

32)  PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

33)  Hacking, phishing, spamming, scamming, identity theft, fraud, forgery, deception, virus or malware distribution, network attacks, and interference with any other user’s use of the Services.

34)  The unauthorized access, monitoring, collection, or use of data, systems or networks.

35)  Transmitting, distributing or storing illegal or fraudulent information or material or information or material that will infringe or otherwise violate any privacy, intellectual property, publicity or other personal rights including, any copyright, patent, trademark, trade secret or other proprietary right.

36)  Engaging in offensive activities such as harassment or transmitting or distributing content that is inappropriate, obscene, defamatory, threatening, abusive, that advocates violence, or that violates a law, regulation, or public policy.

In addition, you and your Users must comply with all applicable laws, rules and regulations related to your use of the Services, specifically including data protection and privacy laws, as well as laws relating to unsolicited commercial electronic messages.

2)Child Pornography Prohibited.

Content that is potentially harmful to minors, as determined in https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company)’s sole discretion, is strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any website found to host child pornography or linking to child pornography will be suspended immediately without notice.

3)Other Prohibited Content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be removed from our servers (or otherwise disabled), with or without notice.

4)Unacceptable Resource Usage

You may not:

      i.         Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.

     ii.         Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

   iii.         Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.

   iv.         Run any software that interfaces with an IRC (Internet Relay Chat) network.

    v.         Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.

   vi.         Participate in any file-sharing/peer-to-peer activities

vii.         Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.

viii.         Run cron entries with intervals of less than fifteen (15) minutes.

   ix.         Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.

    x.         Include the local file rather than the URL when using PHP, include functions for including a local file. Instead of including “http://yourdomain.com/include.php”), use “include.php”.

   xi.         Force html to handle server-side code (like php and shtml) to help reduce usage.

5)INODES.

The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.

User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”.

6)Zero Tolerance Spam Policy

We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists,” purchased lists, and selling of lists will be treated as spam. We may terminate the account of any User who sends out spam with or without notice.

Websites advertised via spam (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, spam sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) reserves the right to require changes or disable as necessary, any website, account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion.

https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) reserves the right to charge the holder of the account used to send any unsolicited e-mail a cleanup fee or any charges incurred for blacklist removal at our sole discretion.

7)Defamation Policy

Websites hosted on https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company)’s servers in the U.S. are regulated by U.S. law. Accordingly, pursuant to Section 230(c) of the Communications Decency Act, https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company)’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a court, as evidenced by a court order. As a webhost, https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system and the courts to determine whether or not material is indeed defamatory. In any case in which a court order indicates that material is defamatory, libelous, or slanderous in nature, we will disable access to the material. Similarly, in any case in which a U.S. court has placed an injunction against specified content or material being made available, we will comply and remove or disable access to the material in question.

8)Hosting Orphic Rights

https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) believes is responsible for such violation. Https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) may implement technical mechanisms to prevent AUP violations.

Nothing in this AUP shall limit https://hostingorphic.com on behalf of Transition Technologies Limited’s (Parent company) rights and remedies at law or in equity that may be available.

9)Disclaimer

https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) is under no duty to monitor user’s activities, and https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) disclaims any responsibility for any User’s misuse of the Services. https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) becomes aware that any such material violates this AUP and/or exposes https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) to civil or criminal liability, https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) may, but is not required to, block access to such material. Unless otherwise stated in this AUP, https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) disclaims any obligation to any person who has not entered into an agreement with https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) for use of the Services.

10)             AUP Violations

Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency.

A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services. All abuse issues must be dealt with via trouble ticket/email and will receive a response within forty-eight (48) hours.

If you feel you have discovered a violation of our AUP please report it to: info@hostingorphic.com

 

11)             Date of Policy

This Support Policy was last updated December 09, 2020.

 

Refund & Billing Policy

1. Purpose

This is https://hostingorphic.com on behalf of Transition Technologies Limited (Parent company) Refund & Billing Policy.  This Refund & Billing Policy discusses the ways in which we charge customers for use of the Services (as defined in the Terms of Service) and related questions about charges, refunds and billing disputes.  Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Services.

2. AUTOMATIC RENEWAL  

a.    Package Renewal. AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES.  YOUR NEXT RENEWAL DATE IS LOCATED ON EVERY INVOICE AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL.

b.    Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW ten (10) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.

           i.         Please note that all payment methods that allow charges to be automatically applied will be charged ten (9) days before the domain’s expiration date per the invoice.  If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.

c.    Charges.  The Due Date for Fees for renewed packages is the package renewal date.

d.    Failure to Renew.  Accounts that have invoices which are more than fourteen (15) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted.  Accounts that have invoices more than two months overdue are considered abandoned and will be subject to termination.

3. Responsibility for Payment

a.    You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you.  Your first invoice is generated at the time you purchase the Services.  An invoice for any Renewal Term is generated fourteen (14) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal.  You are responsible for the fees and charges set out within the initial web portal invoice you pay on the Effective Date and any other invoice generated for a Renewal Term.  If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.

b.    Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team.  We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.

4. Money Back Guarantee 

a.    Certain Hosting Services carry an unconditional thirty (30) day satisfaction guarantee. To cancel your Hosting Services and receive a refund of our fees, you must contact us via the Client Portal within thirty (30) days from the Effective Date and a refund will be issued.

b.    No refunds If you cancel after thirty (30) days from the Effective Date.

c.    All third party fees, including domain registration fees, setup fees and migration fees, are non-refundable, non-negotiable and excluded from our Money Back Guarantee.  

d.    For free domain registration promotions (.com, .net and .org), the retail price of the domain $16.95 will be deducted from any refund amount upon cancellation. You will retain the domain registration.

5. Refunds

Accounts that are terminated due to Terms of Service violations are not eligible for a refund. Domain registrations, setup fees and migration fees are not refundable. Service credits have no cash value and are extended at our discretion. Service credits expire if your account is fully terminated.

a.    All refunds are subject to the terms of service for any third party payment processor and those terms take precedence over the terms in the Terms of Services and our Policies.  In the event we are unable to refund any fees or charges via the method of payment, we will use commercially reasonable efforts to return or credit the appropriate funds to you.

b.    If you paid us by credit card we will credit the card on file.  If you paid us by PayPal, we will take steps to refund the PayPal account.  If you paid us through another payment processor, we will take steps to refund the appropriate fees through that payment processor.  If the information we have on file for your account is not up to date, your refund may not be completed.  Refund requests of payments made to Hosting Orphic by bank transfer, check or money will not be refunded.

6. Payment Methods; Currencies

a.    We accept payment via Visa, MasterCard, Discover, American Express, JCB, Diner’s Club, PayPal, Stripe, Bank Transfers (UK, USA, Australia, Euro, Romania, New Zealand, Hungarian, Singapore, Turkey) wire transfers & Check. By providing us with your account payment information, you give us consent to charge you on the Due Date of any invoices linked to the account. Please see our invoice for wire transfer banking information. Returned checks will incur a twenty-five dollar ($25) fee per instance.

b.    We accept multiple currencies as found on our website. Whenever possible we will attempt to charge in the currency you select upon checkout unless the payment gateway does not support the currency. In this case, the currency will be converted to USD and charged in USD. Prices in other currencies are shown according to exchange rates posted that day but may differ from your final rate given to you by your bank. Additionally, you may be subject to additional fees or other charges assessed or imposed by the administrator of your selected method of payment. Hosting Orphic is not responsible for these charges.

7. Billing Errors; Chargebacks

a.    If you discover an error on your invoice please notify us as soon as possible by email info@hostingorphic.com. We will honor invoice errors as long as we are notified of them within ninety (90) days. If more than ninety (90) days have elapsed we may decline the refund request. If a refund is in order it will go onto your account as a service credit to be used on a future invoice.  Service credits have no cash value.

8. Date Of Policy

This Refund & Billing Policy was last updated December 09, 2020.

 

Privacy Policy

1. Introduction

Welcome to Transition Technology Limited.

Transition Technology Limited (“us”, “we”, or “our”) operates https:// https://hostingorphic.com (hereinafter referred to as “Service”).

Our Privacy Policy governs your visit to https://hostingorphic.com, and explains how we collect, safeguard and disclose information that results from your use of our Service.

We use your data to provide and improve Service. By using Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Our Terms and Conditions (“Terms”) govern all use of our Service and together with the Privacy Policy constitutes your agreement with us (“agreement”).

2. Definitions

SERVICE means the https://hostingorphic.com website operated by Transition Technology Limited.

PERSONAL DATA means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

USAGE DATA is data collected automatically either generated by the use of Service or from Service infrastructure itself (for example, the duration of a page visit).

COOKIES are small files stored on your device (computer or mobile device).

DATA CONTROLLER means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

DATA PROCESSORS (OR SERVICE PROVIDERS) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

DATA SUBJECT is any living individual who is the subject of Personal Data.

THE USER is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

3. Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

4. Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

0.1. Email address

0.2. First name and last name

0.3. Phone number

0.4. Address, Country, State, Province, ZIP/Postal code, City

0.5. Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access Service by or through any device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access Service with a device, this Usage Data may include information such as the type of device you use, your device unique ID, the IP address of your device, your device operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time by way of your device settings.

Tracking Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and we hold certain information.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies are also used such as beacons, tags and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

0.1. Session Cookies: We use Session Cookies to operate our Service.

0.2. Preference Cookies: We use Preference Cookies to remember your preferences and various settings.

0.3. Security Cookies: We use Security Cookies for security purposes.

0.4. Advertising Cookies: Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Other Data

While using our Service, we may also collect the following information: sex, age, date of birth, place of birth, passport details, citizenship, registration at place of residence and actual address, telephone number (work, mobile), details of documents on education, qualification, professional training, employment agreements, NDA agreements, information on bonuses and compensation, information on marital status, family members, social security (or other taxpayer identification) number, office location and other data.

5. Use of Data

Transition Technology Limited uses the collected data for various purposes:

0.1. to provide and maintain our Service;

0.2. to notify you about changes to our Service;

0.3. to allow you to participate in interactive features of our Service when you choose to do so;

0.4. to provide customer support;

0.5. to gather analysis or valuable information so that we can improve our Service;

0.6. to monitor the usage of our Service;

0.7. to detect, prevent and address technical issues;

0.8. to fulfil any other purpose for which you provide it;

0.9. to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

0.10. to provide you with notices about your account and/or subscription, including expiration and renewal notices, email-instructions, etc.;

0.11. to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information;

0.12. in any other way we may describe when you provide the information;

0.13. for any other purpose with your consent.

6. Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

7. Transfer of Data

Your information, including Personal Data, may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Transition Technology Limited will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

8. Disclosure of Data

We may disclose personal information that we collect, or you provide:

0.1. Disclosure for Law Enforcement.

Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities.

0.2. Business Transaction.

If we or our subsidiaries are involved in a merger, acquisition or asset sale, your Personal Data may be transferred.

0.3. Other cases. We may disclose your information also:

0.3.1. to our subsidiaries and affiliates;

0.3.2. to contractors, service providers, and other third parties we use to support our business;

0.3.3. to fulfill the purpose for which you provide it;

0.3.4. for the purpose of including your company’s logo on our website;

0.3.5. for any other purpose disclosed by us when you provide the information;

0.3.6. with your consent in any other cases;

0.3.7. if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

9. Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

10. Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Union (EU) and European Economic Area (EEA), you have certain data protection rights, covered by GDPR.

We aim to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please email us at info@hostingorphic.com

In certain circumstances, you have the following data protection rights:

0.1. the right to access, update or to delete the information we have on you;

0.2. the right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete;

0.3. the right to object. You have the right to object to our processing of your Personal Data;

0.4. the right of restriction. You have the right to request that we restrict the processing of your personal information;

0.5. the right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format;

0.6. the right to withdraw consent. You also have the right to withdraw your consent at any time where we rely on your consent to process your personal information;

Please note that we may ask you to verify your identity before responding to such requests. Please note, we may not able to provide Service without some necessary data.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

11. Your Data Protection Rights under the California Privacy Protection Act (CalOPPA)

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivable the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy.

According to CalOPPA we agree to the following:

0.1. Users can visit our site anonymously;

0.2. Our Privacy Policy link includes the word “Privacy”, and can easily be found on the home page of our website;

0.3. Users will be notified of any privacy policy changes on our Privacy Policy Page;

0.4. Users are able to change their personal information by emailing us at info@hostingorphic.com

Our Policy on “Do Not Track” Signals:

We honor Do Not Track signals and do not track, plant cookies, or use advertising when a Do Not Track browser mechanism is in place. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

12. Your Data Protection Rights under the California Consumer Privacy Act (CCPA)

If you are a California resident, you are entitled to learn what data we collect about you, ask to delete your data and not to sell (share) it. To exercise your data protection rights, you can make certain requests and ask us:

0.1. What personal information we have about you. If you make this request, we will return to you:

0.0.1. The categories of personal information we have collected about you.

0.0.2. The categories of sources from which we collect your personal information.

0.0.3. The business or commercial purpose for collecting or selling your personal information.

0.0.4. The categories of third parties with whom we share personal information.

0.0.5. The specific pieces of personal information we have collected about you.

0.0.6. A list of categories of personal information that we have sold, along with the category of any other company we sold it to. If we have not sold your personal information, we will inform you of that fact.

0.0.7. A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

Please note, you are entitled to ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to the personal information we collected about you in the previous 12 months.

0.2. To delete your personal information. If you make this request, we will delete the personal information we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain functions that require your personal information to operate.

0.3. To stop selling your personal information. We don’t sell or rent your personal information to any third parties for any purpose. We do not sell your personal information for monetary consideration. However, under some circumstances, a transfer of personal information to a third party, or within our family of companies, without monetary consideration may be considered a “sale” under California law. You are the only owner of your Personal Data and can request disclosure or deletion at any time.

If you submit a request to stop selling your personal information, we will stop making such transfers.

Please note, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require the usage of your personal information to function. But in no circumstances, we will discriminate against you for exercising your rights.

To exercise your California data protection rights described above, please send your request(s) by email: info@hostingorphic.com

Your data protection rights, described above, are covered by the CCPA, short for the California Consumer Privacy Act. To find out more, visit the official California Legislative Information website. The CCPA took effect on 01/01/2020.

13. Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), provide Service on our behalf, perform Service-related services or assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

14. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

15. CI/CD tools

We may use third-party Service Providers to automate the development process of our Service.

16. Behavioral Remarketing

We may use remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimise and serve ads based on your past visits to our Service.

17. Payments

We may provide paid products and/or services within Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

18. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

19. Children’s Privacy

Our Services are not intended for use by children under the age of 18 (“Child” or “Children”).

We do not knowingly collect personally identifiable information from Children under 18. If you become aware that a Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from Children without verification of parental consent, we take steps to remove that information from our servers.

20. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

21. Contact Us

If you have any questions about this Privacy Policy, please contact us by email: info@hostingorphic.com

 

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