Terms of Service

These Terms of Service govern the use of Orbital, Inc.'s website, customer portal, and the hosting, networking, and infrastructure services we provide to customers. By accepting an order, creating an account, or using our Services, you agree to these terms and any service-specific agreement or schedule referenced by that agreement.

1. Scope of Services

Orbital provides dedicated server, virtual machine, DDoS mitigation, traffic management, routing, and related infrastructure services. Certain hardware, connectivity, and network components may be supplied through third-party facilities or network providers while Orbital remains the commercial service provider to the customer.

Unless otherwise agreed in writing, Orbital is not acting as an agent for upstream providers and does not create a direct customer relationship with those suppliers for the Services governed by this document.

2. Service Commencement and Duration

Services begin when they are activated for customer use, or on such other date expressly stated in the relevant service order, quotation, or account setup documentation. Service periods may be billed on a monthly, annual, or other recurring basis as set out in the product offering or account records.

The duration of a service may vary by product, region, or agreement. Unless otherwise stated in writing, Orbital may continue, modify, or discontinue the service in accordance with the applicable service terms, pricing notices, and customer account terms.

3. Billing, Taxes, and Payment

Services are billed monthly in USD unless otherwise specified in a written order. Invoices are due by the date stated on the invoice, and additional usage-based charges may be billed in the same or the following monthly invoice. Customer may not withhold undisputed amounts solely because of a performance or availability issue.

Orbital may suspend a Service for overdue amounts after the due date, subject to any notice or legal requirements that apply. Customers are responsible for all taxes, fees, and surcharges that apply to the Services unless those amounts are expressly excluded in writing.

4. Acceptable Use and Security

Customers must not use the Services for unlawful, abusive, fraudulent, malicious, infringing, or network-disruptive activity, including phishing, malware distribution, credential theft, unsolicited bulk email, unauthorized access, or deliberate denial-of-service attacks. Customer is responsible for the conduct of its users, customers, employees, contractors, and any party accessing the Service through the customer environment.

Unless otherwise covered by a separate managed-services agreement, the customer remains responsible for securing the operating system, applications, databases, credentials, configurations, and data on Customer-controlled systems. This includes maintaining backups, applying required security updates, monitoring workloads, and keeping sufficient software licensing and access controls in place.

5. IP Addresses, Network Resources, and Infrastructure

IP addresses, routing assignments, VLANs, network resources, and related infrastructure remain the property of Orbital, the applicable network provider, registry, or another rights holder. The customer receives only a limited right to use those resources while the corresponding Service remains active.

Orbital may reassign, replace, or migrate network resources where technically necessary, required by law, required by an upstream or infrastructure provider, or needed to preserve network stability and security.

6. Support and Incident Reporting

The customer's primary support relationship is with Orbital. Any hardware, routing, network, server, or availability incident should be reported through Orbital support channels. Orbital will coordinate with upstream providers where necessary, but the customer does not receive direct administrative access to upstream systems unless separately provided in writing.

7. SLA, Credits, and Performance Remedies

Performance commitments for hosted services are governed by the Service Level Agreement and any applicable upstream, infrastructure, or network service terms. Any credit or remediation available under a third-party or upstream service agreement is limited to the amount actually approved or provided by that provider and will not exceed the charge attributable to the affected Service for the relevant billing period unless a different remedy is required by law or agreed in writing.

Customers should report a material performance problem to Orbital as soon as reasonably practicable so that Orbital can assess the issue, coordinate with network or infrastructure providers where needed, and determine whether a service remedy or credit applies.

8. Suspension, Termination, and Account Changes

Orbital may suspend all or part of a Service where necessary because of nonpayment, actual or suspected abuse, malware, fraud, unlawful activity, material security threat, legal or regulatory request, or a requirement from a network or infrastructure provider. Where practicable, Orbital will attempt to notify the customer before suspension.

Either party may terminate a service or account for a material breach if the breach remains uncured after the applicable notice period. Orbital may also suspend or discontinue a service where continued access would violate applicable law, a security requirement, or the operational integrity of the network.

9. Liability and Disclaimers

Internet and hosted infrastructure services may experience outages, routing changes, packet loss, maintenance, hardware failures, and other interruptions. Except for express obligations stated in a relevant service agreement, product documentation, or legal requirement, the Services are provided on an as-is basis and are not guaranteed to be uninterrupted or error-free.

To the maximum extent permitted by law, Orbital shall not be liable for indirect, consequential, punitive, or special damages, including lost profits or business opportunity, unless such liability is expressly required by applicable law. Orbital's aggregate liability is limited to the fees paid or payable for the applicable service period or other amount reasonably attributable to the claim, except for payment obligations, indemnification obligations, confidentiality obligations, fraud, and other liabilities that cannot legally be limited.

10. Privacy, Confidentiality, and Data Handling

Orbital processes personal and service-related information in accordance with the Privacy Policy. Each party will protect confidential information reasonably and may disclose it where required by law or to upstream providers, support vendors, or other necessary third parties for provisioning, support, abuse handling, billing, or security operations.

11. Governing Law and Notices

These terms are governed by the applicable laws of the jurisdiction governing the service relationship, together with any applicable federal, provincial, or local laws. Formal notices may be sent by e-mail to the designated contact for each party, and a party may update its contact information by written notice to the other party.

12. Contact Information

To contact Orbital regarding service questions, account issues, billing, abuse reports, or legal notices, use the support or administrative contact channels published on our website and in the customer account.