About
These Terms of Use (“Terms”) govern access to and use of all websites, platforms, forums, software, APIs, hosting services, consulting services, infrastructure, and related offerings provided by Orca Pings (“Orca Pings,” “we,” “us,” or “our”) (collectively, the “Services”). By accessing or using any part of the Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not use the Services.
Acceptance of Terms & Privacy Policy
By using the Services, you agree to:
- These Terms of Use; and
- Our Privacy Policy, which governs how we collect, use, store, and protect personal and business information.
These Terms apply to all users, customers, organizations, and account holders.
Right to Refuse, Limit, or Terminate Service
Orca Pings reserves the right, at its sole discretion, to:
- Accept or refuse new clients;
- Decline to provide Services to any individual, business, or organization;
- Suspend, restrict, or terminate Services at any time where:
- Use presents legal, operational, security, reputational, or compliance risks;
- The client’s activities conflict with Orca Pings’ business, ethical standards, or platform stability;
- Continued service would expose Orca Pings to regulatory, contractual, or infrastructure risk.
We are not obligated to provide justification for refusing or discontinuing service beyond what is required by law or contract.
General Acceptable Use & Malicious Activity
You agree not to use the Services to:
- Host, distribute, or facilitate malware, phishing, fraud, scams, botnets, ransomware, or other malicious software;
- Conduct penetration testing, vulnerability scanning, stress testing, or attack simulation without explicit written authorization;
- Evade rate limits, resource caps, licensing restrictions, or billing systems;
- Launder traffic, obfuscate origin of abuse, or relay harmful content;
- Engage in activities that materially degrade platform stability, security, or service quality for others.
We reserve the right to immediately suspend services in response to suspected malicious or abusive behaviour in order to protect platform integrity, clients, and infrastructure.
Confidentiality of Client Information
Orca Pings treats client information as confidential and commercially sensitive.
We agree to:
- Use client data only for legitimate business, operational, legal, and support purposes;
- Implement reasonable administrative, technical, and organizational safeguards to protect client information;
- Not disclose client information to third parties except:
- As required by law, court order, or regulatory authority;
- To trusted service providers acting on our behalf under confidentiality obligations;
- Where disclosure is necessary to protect Orca Pings, its clients, or the public from harm.
Clients remain responsible for ensuring that any personal data they collect or store through Orca Pings Services complies with applicable privacy laws.
Public Forums & Community Conduct
Orca Pings forums and community spaces are intended for constructive, topic-relevant discussion.
The following are strictly prohibited:
- Harassment, intimidation, threats, or aggressive language;
- Hate speech, discriminatory content, or targeted abuse;
- Disruptive behaviour intended to derail discussions or harm community participation;
- Commercial solicitation unrelated to the forum topic;
- Posting confidential, private, or proprietary information without authorization.
We reserve the right to remove content, restrict posting privileges, suspend accounts, or permanently ban users who violate community standards or pose a risk to platform health.
Consulting & Professional Services
All consulting and professional services are governed by separate service agreements or statements of work.
Unless explicitly stated in writing:
- Orca Pings does not guarantee business outcomes, revenue, performance improvements, or regulatory results.
- Clients remain responsible for business decisions, compliance, and implementation of recommendations.
- Advice is provided based on available information and assumptions at the time of delivery.
Web Hosting Services (cPanel-Based Licensing)
Licensing Model & Usage Classification
Hosting services are licensed based on usage categories (e.g., personal, non-profit, business, agency). Licensing is governed by third-party control panel and infrastructure vendors. Technical capabilities, limits, and pricing are aligned with licensing terms and usage class, not fixed hardware specifications.
Reclassification of Usage Tier
If a client’s usage materially exceeds what would reasonably be considered standard for their licensed tier (for example, a personal site evolving into a high-traffic commercial or public platform), Orca Pings reserves the right to:
- Reclassify the account into a more appropriate usage tier;
- Adjust pricing accordingly;
- Require service upgrades or architectural changes to maintain platform stability.
Example: A personal blog that later experiences traffic consistent with public figures, media outlets, or high-traffic commercial sites may be reclassified to business or agency hosting with tailored pricing.
Growth Support & Scaling
We aim to support clients as their hosting needs grow. However:
- Scaling beyond standard usage patterns may require architectural changes, plan upgrades, or infrastructure reconfiguration;
- Clients may be required to migrate plans, upgrade resources, or adjust service tiers as usage evolves.
Pricing Adjustments, Annual Increases & Service Evolution
Annual Adjustments
Orca Pings reserves the right to apply annual pricing adjustments to hosting and platform services to reflect:
- Inflation;
- Increased operational costs;
- Service improvements and platform upgrades.
Unless otherwise agreed in writing, pricing may increase by up to 5% annually.
Service Changes
From time to time, Orca Pings may modify:
- Platform architecture;
- Service configurations;
- Supported software versions;
- Minimum technical requirements.
Clients may be required to accept reasonable upgrades or changes necessary to maintain security, performance, compliance, or sustainability of the Services.
Legal Compliance (Canada)
All users must comply with Canadian law, including but not limited to:
- Canada’s Anti-Spam Legislation (CASL);
- Privacy legislation;
- Intellectual property law;
- Criminal, regulatory, and consumer protection laws.
Violation of Canadian law may result in immediate suspension or termination of services and, where required, reporting to authorities.
Software Platforms, APIs & Game Server Hosting
Orca Pings may offer software platforms, APIs, and game server hosting now or in the future.
- Availability and support may vary by service tier.
- Beta or early-access services may be unstable or subject to change.
- Users are responsible for backups, data integrity, and lawful use of hosted software and services.
We reserve the right to discontinue or materially alter experimental services.
Intellectual Property
All Orca Pings software, platforms, branding, and materials are owned by or licensed to Orca Pings. You may not copy, reverse engineer, resell, sublicense, or exploit any part of the Services without written authorization.
Suspension, Termination & Abuse Handling
Orca Pings may suspend or terminate access where:
- Malicious activity is detected or suspected;
- Hosting is used for improper commercial or abusive purposes;
- The client’s activities expose Orca Pings to legal, technical, or reputational risk;
- Usage exceeds licensed scope without compliance with required upgrades.
Suspension may occur with or without notice where immediate action is required to protect systems or third parties.
Disclaimers & Limitation of Liability
Services are provided “as is” and “as available.” Orca Pings disclaims all warranties to the fullest extent permitted by law and is not liable for indirect, incidental, consequential, or business losses arising from use of the Services.
Governing Law
These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable therein. Any disputes shall be resolved exclusively in the courts of British Columbia.
Modifications to These Terms
Orca Pings may update, revise, or modify these Terms of Use from time to time to reflect changes in our Services, business practices, legal requirements, or operational needs.
When changes are made:
- The updated Terms will be published on our website with a revised “Updated” date.
- Material changes may be communicated through the platform, account notifications, or other reasonable means where appropriate.
Your continued use of the Services after updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must discontinue use of the Services.
It is your responsibility to review these Terms periodically to remain informed of any changes.