Effective Date: August 6, 2025
1.1 Company Information
These Terms of Service ("Terms") constitute a legally binding agreement between you and Orca Pings (hereinafter referred to as "we", "us", or "our"), a web hosting and IT service provider based in North Vancouver, British Columbia, Canada. Our registered office is located at 252 Esplanade W, Suite 202, North Vancouver, BC V7M 0E9.
1.2 Description of Services
Orca Pings provides web hosting, domain registration and transfer services, SSL certificates, AI-assisted website building tools, WordPress maintenance and support, VOIP and 3CX solutions, and IT/network infrastructure services (collectively, the "Services"). A current list of available Services is published at https://orcapings.com (the "Site"). We may modify, discontinue, or add new Services at our discretion.
1.3 Acceptance of Terms
By accessing and using our Services, you (the "User" or "you") agree to be bound by these Terms, including our Acceptable Use Policy, Password Reset & Security Policy and Privacy Policy which are incorporated by reference into these Terms, and form a legally binding agreement between you and Orca Pings. If you do not agree to these Terms, you must not access or use our Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.4 Amendment of Terms
We may update these Terms from time to time. Changes become effective upon posting to the Site, unless a later date is specified. Continued use of the Services after any changes have been posted constitutes your acceptance of the modified Terms.
1.5 Legal Capacity
You may use the Services only if you are at least 18 years old or have reached the age of majority in your jurisdiction and are legally capable of entering into binding contracts. If you are using the Services on behalf of another person, company, or organization, you represent and warrant that you are authorized to bind that entity to this Agreement.
1.6 Users of the services
For the purposes of this Agreement, “you” refers to the individual or legal entity entering into this Agreement, including any person acting on behalf of a company, organization, or other third party. “We,” “us,” and “our” refer to Orca Pings.
1.7 Pricing and Promotional Terms
We reserve the right to modify our pricing for any Services. We will provide a minimum of thirty (30) days’ written notice (via email or posted notice on the Site) prior to any changes taking effect. The revised pricing will apply upon renewal of your plan or upon the end of any fixed-price term. You may cancel your Services at any time prior to the renewal date to avoid incurring charges at the revised rates. Promotional pricing is temporary and subject to separate terms, which will be disclosed at the time of offer.
2.1 Accounts.
2.1.1 Account Creation. In order to use the Services, you must register an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Failure to maintain accurate and current registration data may constitute a material breach of this Agreement and may result in the suspension or termination of the Service, at Orca Pings’s sole discretion.
2.1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account as well as all charges incurred therewith. You agree to immediately notify Orca Pings of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Orca Pings cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.2 Service plans and subscription.
Orca Pings provides its Services to Users primarily through subscription hosting plans available on the Site. You can subscribe to services by selecting a subscription plan that best fits your needs. By providing Your details and clicking the button to place an order, You hereby represent and warrant that You have carefully reviewed, understand, and agree to be bound by the entirety of these Terms. Your submission of information and subsequent action of clicking the order button constitutes Your unequivocal and unconditional acceptance of these Terms, and You further agree to fully comply with and be bound by all provisions contained therein.
3.1 Limited License. Subject to these Terms, Orca Pings grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the limitations of Your subscription plan for the Service. The rights granted to you in these Terms are subject to the restrictions set in this Section 3.
3.2 As part of the Services, Orca Pings grants You access to an administrative panel for remote management of the Service. Your right to manage the Service is exclusively through the administrative panel provided by Orca Pings, contingent upon proper authentication via Your designated username and password. You are granted remote access solely to Your allocated space and resources within Orca Pings’s server infrastructure.
3.3 As part of the Services, You are authorized to share information by uploading it within Your designated space and resources on a Orca Pings server connected to the Internet, in accordance with the specifications of Your subscription plan for the Service.
3.4 You are authorized to publish information within Your allocated space and utilize the resources within Orca Pings’s server infrastructure through the use of specialized software, provided that such use does not disrupt the server’s functionality, security, or violate these Terms.
3.5 Orca Pings provides You with the option to utilize a private email service, subject to the limitations and specifications of Your subscription plan.
3.6 You shall utilize the Services in good faith and for their intended purpose, in compliance with these Terms and within the limitations of Your then-current subscription plan.
3.7 In Your use of the Services, You are strictly prohibited from employing any software, scripts, programming languages, or other technologies that may impede or impair the ability of other customers to effectively use the Services. 3.8 You shall employ technologies and develop Your websites in a manner consistent with contemporary standards for security, functionality, restrictions on the provision of hosting resources to third parties, and efficiency. Websites developed by You using the Services shall not generate server loads exceeding normal and industry-standard consumption levels for shared hosting services, as defined by Your then-current subscription plan for the Service.
3.9 Email Use and Anti-Spam Policy
3.9.1 Email Services Provision As part of the hosting services provided by Orca Pings, you are authorized to create email accounts and utilize email services for the transmission and receipt of electronic mail. These email services shall not be employed for email marketing campaigns or related activities. As part of the hosting services provided by Orca Pings, you are authorized to create email accounts and utilize email services for the transmission and receipt of electronic mail. These email services are intended exclusively for personal, non-commercial use, and shall not be employed for email marketing campaigns or related activities.
3.9.2 Prohibition of Spam Orca Pings maintains a strict zero-tolerance policy regarding the transmission of spam (Anti-Spam Policy). Orca Pings employs comprehensive traffic monitoring of all data transmitted to and from its web servers to detect and prevent spamming activities. For the purposes of this policy, “spam” is defined as the transmission of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which constitute electronic or facsimile communications sent to recipients for advertising or other purposes without obtaining prior, affirmative, and verifiable consent. Commercial advertising and/or bulk electronic or facsimile communications may only be transmitted to recipients who have expressly “opted-in” to receive such communications. All such communications must include a valid return address, a reply-to address, the sender’s physical postal address, and a clear and conspicuous method for recipients to opt-out of future communications, located within the footer of the email or facsimile. Orca Pings reserves the right to request and receive conclusive proof of opt-in consent for any email address or facsimile number.
3.10 Compliance with Laws and Regulations Utilization of Orca Pings’s products and services is contingent upon adherence to all applicable federal, state, and local laws and regulations, as well as strict compliance with the Anti-Spam Policy.
3.11 Enforcement and remedies In the event that Orca Pings determines, in its sole and absolute discretion, that services are being utilized in connection with the transmission of spam, Orca Pings may, without prior notice, redirect, suspend, or terminate any website hosting, email accounts, or other applicable services.
3.12 Termination of Account You agree that Orca Pings may immediately terminate any account that Orca Pings, in its sole and absolute discretion, believes is transmitting or is otherwise associated with spam or other unsolicited bulk electronic communications.
3.13 Ownership Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Orca Pings or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. Orca Pings and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4.1 You expressly acknowledge and agree that, at all times, You are solely responsible for your User Content (as defined below) and You bear the entire risk of any loss of or damage to your User Content. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Orca Pings. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
4.2 Without limiting the foregoing, You shall have the sole and exclusive responsibility for implementing and maintaining measures to:
Prevent any loss or damage to Your User Content,
Maintain independent archival and backup copies of Your User Content, separate and apart from any backups maintained by the service provider, and Ensure the security, confidentiality, and integrity of Your User Content as it is transmitted through or stored on the service provider’s servers.
4.3 “User Content” means any and all information and content (including text, images, photos, videos, audio, and documents) that You provide or make available in connection with the use of the Services, including any hosted or server content associated with Your account , whether displayed, linked, transmitted through, or stored on the server.
4.4 License over User Content. You hereby grant (and you represent and warrant that you have the right to grant) to Orca Pings an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the User Content for the purpose of supporting your use of the Services and providing Services to you. We may also use User Content for the purpose of supporting and developing the Services, provided that when doing so, we shall only use User Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, You shall retain all right, title and interest in and to the User Content and all intellectual property rights therein. Nothing in this Agreement will confer on Orca Pings any right of ownership or interest in the User Content or the intellectual property rights therein.
4.5 Backups of User Content
4.5.1 As part of its internal business continuity practices, Orca Pings may, at its sole discretion and without obligation, periodically create backups of Your hosting files and databases. You acknowledge and agree that any such backups generated by Orca Pings are intended solely for Orca Pings’s internal use in facilitating the potential restoration of hosted sites in the event of an unforeseen technical issue.
4.5.2 You understand and agree that any backups created by Orca Pings pursuant to its business continuity efforts are not guaranteed and are subject to an automatic deletion schedule upon the expiration or termination of Your hosting subscription.
4.5.3 Notwithstanding the potential existence of any backups created by Orca Pings, You expressly acknowledge and agree that You remain solely and entirely responsible for creating and maintaining Your own independent backups of Your hosting files. You have no right, title, or interest in or to any backups that may be created by Orca Pings for its business continuity purposes, and Orca Pings shall have no liability whatsoever for any loss or unavailability of such backups.
5.1 The web hosting and related electronic services provided by Orca Pings are to be utilized solely for lawful purposes, in strict compliance with all applicable international, federal, state, provincial, and local laws, rules, and regulations. You acknowledge and agree that the primary intent of Orca Pings’s services is to provide a platform for serving web documents and related content, and not as an off-site storage facility for electronic files. Your use of the Services is further governed by Orca Pings’s Acceptable Use Policy (“Acceptable Use Policy” or “AUP”), the terms of which are incorporated herein by this reference.
5.2 Any violation of Orca Pings’s AUP or any other provision of this Agreement shall constitute a material breach hereof and may, at Orca Pings’s sole discretion, result in the immediate termination of the Services provided by Orca Pings, with or without prior notice or the opportunity to cure such violation. The decision to provide any notice or cure period shall be at the sole and absolute discretion of Orca Pings, based upon the severity and nature of the violation.
5.3 Orca Pings reserves the absolute right to refuse to provide or continue providing Services if, in its sole and absolute opinion, any content residing on Your website or accessible via links from Your website is deemed illegal, misleading, obscene, defamatory, infringing upon intellectual property rights, or otherwise in violation of Orca Pings’s AUP.
5.4 You expressly understand and agree that Orca Pings shall not be liable for any loss or damages, including but not limited to direct, indirect, incidental, special, or consequential damages, that may arise from Orca Pings’s refusal to host Your website or to provide the Services under this Agreement due to Your actual or potential violation of this Section or the AUP.
6.1 Orca Pings may provide certain third-party software to You to facilitate account management, including but not limited to cPanel, CloudLinux, Softaculous, Litespeed, WHMCS, Redis, CloudFlare, etc. (“Third Party Software”) You expressly understand and agree that any such third-party software is provided strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, whether express or implied. Orca Pings makes no representations or guarantees that any specific results or functionality can be obtained through the use of Third Party Software. You further agree that Orca Pings shall not be liable for any errors, defects, malfunctions, or failures in the operation or performance of Third Party Software.
6.2 By utilizing Orca Pings Services that incorporate Third Party Software, You specifically acknowledge and agree to be bound by the applicable terms of service, end-user license agreements, or other similar legal terms established by the respective third-party providers. You covenant to use the Orca Pings Services, including any integrated Third Party Software, strictly in accordance with all such third-party terms. Your failure to comply with any third-party license or terms may constitute a material breach of this Agreement and may result in the immediate suspension or termination of Your Services by Orca Pings, without notice or refund.
6.3 You expressly acknowledge and agree that Your order for and use of Orca Pings Services constitutes Your explicit and informed consent to be bound by the terms of service of each third-party provider whose Third Party Software is integrated into the Services You utilize. For Your convenience, Orca Pings may provide links to the current versions of these third-party terms for Your review and future reference; however, it is Your sole responsibility to review and remain informed of the most current versions of these terms.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND Orca Pings (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. Orca Pings DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE USER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. Orca Pings DOES NOT CONTROL OR VET USER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. Orca Pings IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Orca Pings (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your User Content or (e) Third Party Software. Orca Pings reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Orca Pings. Orca Pings will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Orca Pings (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF Orca Pings HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10.1 All fees for the Services shall be set forth in Orca Pings’s then-current fee schedule, which is incorporated herein by this reference, and shall be due and payable at the times specified therein. For any renewal periods following the Initial Term, renewal fees shall be immediately due and owed on the first day of such renewal period. Failure to remit renewal fees when due shall constitute a material breach of this Agreement and may result in the immediate termination of the Services, without notice or liability to Orca Pings.
10.2 Orca Pings offers an auto-renewal option for all hosting plans. If You have elected a monthly payment plan, Your recurring monthly billing date will be determined by the date on which You initially purchased the products or Services. As previously stated, failure to make timely payments for Services upon renewal may lead to the immediate suspension of Services. If You have subscribed to an annual (or longer) payment plan and have elected the automatic renewal option, You hereby authorize Orca Pings to automatically renew Your Services upon the expiration of the then-current term and to charge the designated payment method on file with Orca Pings at Orca Pings’s prevailing rates for such renewal.
10.3 In the event that any amount due and payable to Orca Pings remains unpaid as of the date the Services expire, Orca Pings reserves the right, at its sole discretion, to immediately terminate this Agreement and/or withhold or suspend the provision of Services. Orca Pings may, but shall not be obligated to, provide a discretionary grace period of seven (7) calendar days for overdue payments related to shared hosting packages.
11.1 The initial term of this Agreement (“Initial Term”) shall be as specified in Your order form, commencing upon the commencement of the Services as outlined therein. Following the Initial Term, this Agreement shall automatically renew for successive terms of equal length to the Initial Term (each a “Renewal Term”), unless earlier terminated or canceled by either party in accordance with the provisions of this Section.
11.2 This Agreement may be terminated as follows:
11.2.1 By You: To disable the automatic renewal of this Agreement, you must notify Orca Pings by sending an email to support@orcapings.com expressing your intention to do so. This email must be received at least five (5) business days prior to the renewal date. Failure to disable auto-renewal within this period will result in the automatic commencement of a Renewal Term.
11.2.2 By Orca Pings for Cause: Orca Pings may terminate this Agreement at any time, without prior notice to You, if, in Orca Pings’s sole judgment, You are in breach of any term or condition of this Agreement.
11.2.3 By Orca Pings for Operational Reasons: Orca Pings may terminate this Agreement at its sole discretion, without prior notice, if Orca Pings determines that Your use of the Services places or is likely to place unreasonable demands upon Orca Pings’s infrastructure or could disrupt Orca Pings’s business operations.
11.2.4 By Orca Pings for Breach of Other Agreements: Orca Pings may terminate this Agreement if it determines, in its sole discretion, that You are in violation of, or are alleged to be violating, the terms and conditions of any other agreement entered into between You and Orca Pings or any affiliate of Orca Pings.
11.3 In the event of termination or suspension of the Services under the circumstances described in subsections (11.2.3), (11.2.4), or (11.2.5) above, You expressly agree that:
No pre-paid fees shall be refunded to You. Orca Pings shall have the right, but not the obligation, to assume control and ownership of any domain name registered through Orca Pings’s domain name registration services that is associated with the terminated Services.
11.4 In the event of termination of this Agreement due to Your default or breach of any provision herein, You shall be liable for all costs associated with such termination, including any reasonable costs incurred by Orca Pings in closing Your account. You further agree to indemnify and hold Orca Pings harmless from any and all costs, including reasonable attorneys’ fees, incurred by Orca Pings in enforcing Your compliance with this Section.
In the event of the termination of this Agreement, whether initiated by You or by Orca Pings for any reason whatsoever, You hereby expressly acknowledge and agree to the following:
12.1.1 You bear the sole and exclusive responsibility for creating, maintaining, and retaining a complete and current backup of all of Your content hosted on Orca Pings’s servers. Orca Pings shall have no obligation to create or maintain any backup of Your content following the termination of this Agreement. Orca Pings shall have no obligation, and expressly disclaims any duty, to create a backup copy of Your server content, or to transfer or facilitate the transfer of Your account content via FTP or any other method, upon or after the termination of this Agreement.
12.1.2 The migration and transfer of Your account content from Orca Pings’s servers to an alternative provider or to any other location shall be Your sole and exclusive responsibility. You are solely responsible for taking all necessary steps to move Your content prior to the effective date of termination.
13.1 Neither party shall be deemed in breach of this Agreement, nor shall either party be liable to the other for any delay in performance or failure to perform any of its obligations hereunder (excluding the obligation to pay sums due), to the extent that such delay or failure is caused by a Force Majeure Event. For the purposes of this Agreement, a “Force Majeure Event” shall include, but not be limited to, the following:
Failures or disruptions of the internet, data transmission lines, networks, electrical power, and telecommunications infrastructure or facilities. Widespread cyberattacks, cybercrimes, network intrusions, denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks. Power outages. Defects in goods or software specifically directed by the User for the Supplier’s use. Acts of God, including but not limited to lightning, fire, floods, earthquakes, storms, or other natural disasters. Civil unrest, riots, insurrections, acts of war or terrorism, sabotage, or military actions. Embargoes, blockades, transportation disruptions, strikes, lockouts, or other labor disturbances. Business closures or disruptions beyond the reasonable control of the affected party. Unforeseeable supply chain delays or inability to procure necessary materials or services. Inability to provide personnel due to widespread illness, epidemics, or pandemics. Governmental actions, laws, regulations, orders, or restrictions, including import and export barriers.
13.2 The party experiencing a Force Majeure Event shall promptly notify the other party of the occurrence and the anticipated duration of such event. The period for performance of the affected obligation shall be extended by a period equal to the duration of the Force Majeure Event.
13.3 If a Force Majeure Event continues for a period exceeding one (1) calendar month from the date of its commencement, the non-affected party shall have the right to give written notice to the affected party to terminate this Agreement. Such notice of termination shall specify the effective date of termination, which shall be no less than seven (7) calendar days following the date on which the termination notice is duly given. Upon the effective date of termination specified in such notice, this Agreement shall terminate without further liability of either party to the other, except for any payment obligations that accrued prior to the date of termination.
Our collection and use of personal data is described in our Privacy Policy. We may update our Privacy policy from time to time. We will notify you of any changes by posting the new 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.
We respect the intellectual property of others and ask that our Users do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Customers who are repeat infringers of intellectual property rights, including copyrights. If you believe that any of the copyrighted material, which is directly available via the Services is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Orca Pings Attn: Copyright Agent Mailing address: 252 Esplanade W Suite 202, North Vancouver, BC V7M 0E9. Email: privacy@orcapings.com
16. Governing law and dispute resolution
16.1 Governing law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Canada in British Columbia where Orca Pings is registered, without regard to conflict of law principles.
Please read this Arbitration Agreement carefully. It is part of your contract with Orca Pings and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Informal negotiation: To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Terms (“Dispute”), you and Orca Pings agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Arbitration: You and Orca Pings agree that any Dispute that cannot be resolved through informal negotiations will be finally and exclusively resolved by binding arbitration. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class.
Waiver of jury trial. EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE ORDER FORM OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
Class action waiver: YOU AND Orca Pings AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN Orca Pings AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
All aspects of the negotiations or arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
17.1 Contact information
For any questions, concerns, or comments regarding these Terms and Conditions, our services, or any related matter, please contact Orca Pings via: Email: privacy@orcapings.com
17.2 Feedback
Orca Pings highly values feedback from our users. Please note that any feedback, comments, ideas, improvements, or suggestions provided to Orca Pings will be considered non-confidential and non-proprietary. Orca Pings will be free to use such feedback on an unrestricted basis.
17.3 Service Exclusions
Please be advised that Orca Pings’s services are not available to clients located outside of Canada. This exclusion is due to regulatory and compliance considerations related to the provision of digital services within other countries. We apologize for any inconvenience this may cause and appreciate your understanding.
17.4 Electronic communications
The communications between you and Orca Pings use electronic means, whether you use the Services or send us emails, or whether Orca Pings posts notices on the Orca Pings’s website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Orca Pings in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Orca Pings provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
This section confirms that the Terms and Conditions constitute the full and exclusive understanding and agreement between Orca Pings and the user regarding the service. It supersedes all prior discussions, agreements, and understandings of any kind, including any terms or conditions on the user’s purchase order or other business forms. Any amendments or modifications to this agreement must be in writing and signed by authorized representatives of both parties. This section ensures clarity and finality in the agreement, providing a clear reference point for the rights and obligations of both parties.
This section ensures that if any part of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that part will be excluded from the agreement without affecting the rest of the Terms. The remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. This clause maintains the integrity and enforceability of the agreement as a whole, even if part of it is deemed void or unenforceable in certain situations or jurisdictions.
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