[Last Updated Saturday, May 17, 2008]

 

THIS AGREEMENT BETWEEN GFXWebHosting and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)

 

Please report any known violations to abuse@gfxwebhosting.com

Our General Policy is to act as a provider of Internet presence. We reserve the right to suspend or cancel any customer's access to any or all services provided by GFXWEBHOSTING.COM when we decide that the account has been inappropriately used. We decide what is inappropriate and reserve the right to immediate action to suspend or cancel any account or access when abuse is affecting other clients, and without warning when needed.

 

By using any portion of GFXWebHosting's service, you are agreeing to this service agreement on this document entirely.

1. Content

At GFXWebHosting, we strongly prohibit the use of any our service for any illegal activities. Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State and local laws. Ultimately you, the customer, are solely responsible for the content stored on your GFXWebHosting account. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, pornography or material protected by trade secret and other statute.

The customer agrees to indemnify and hold GFXWEBHOSTING.COM inculpable from any claims resulting from the use of the service that damages the subscriber or any other party. Examples of unacceptable content or links:

- Pirated Software Sites and Hosting
- Warez Hosting
- Nulled Scripts
- Torrent Hosting
- Mass Media Streaming (YouTube clones)
- IRC Bots
- Illegal sites involving crime, hate, racism, sexism, etc.
- Fraud, MLM (Multi-Level Marketing), HYIP, Pyramid schemes, or any other activities deemed to be fraudulent.
- spam software or any material that contains a virus or any other harmful code.
- Illegal Download sites
- Hack Programs and archives
- Proxy applications, Scripts and Sites *
- Any kind of Rapid leech Scripts and Torrent Flux script
- File Hosting Site
- Email abuse - Unsolicited Commercial Email ['Spam'] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.

** Please note that Adult websites are also allowed but the content must not be pirated or stolen, it should be Legal Adult 18+ website / Material.

* Proxy Script is only allowed on our Proxy Package which will be hosted on a different dedicated server only for proxy sites. We don't allow CGI proxy. PHProxy / Glype Scripts are allowed.

GFXWEBHOSTING.COM will act as the sole arbiter as to what constitutes a violation of this condition. GFXWEBHOSTING.COM will fully co-operate with the law enforcement in dealing with unlawful activities performed on our network.

2. Chat Rooms

We do not allow clients to install their own chat rooms without first having the installation approved by the our Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

3. CGI-based message boards

We do not allow usage of CGI-based message board scripts (like UBB, UB2K, 360forum, etc. ), since such scripts on busy sites bring high loads to CPU and memory and at a high load can cause the server to crash. Please consider using php based bulleting boards like Vbulleting, phpBB, XMB, Burning board, etc. instead. These php-based and MySQL-based boards cause much lighter load to the server.

4. Reseller and VPS (Virtual Private Server) Responsibility

4.1 The reseller/VPS customer is liable and responsible for all actions of their account and subaccounts created by the reseller/VPS customer. As the reseller/VPS customer you agree to accept all responsibility and liability for your actions and the actions of your subusers either directly or indirectly.

4.2 Terms of Service violations as a result of a subuser account being exploited with or without knowledge will be the responsibility of the reseller/VPS account holder.

4.2a Resellers & VPS customers are responsible for the content of the accounts they create. If those accounts are hacked/abused, the reseller will be accountable for all costs and liability.

4.3 The reseller & VPS account holder agrees to actively monitor their subaccounts to ensure all subaccounts and their own account are abiding by all of GFXWebHosting's policies and Terms Of Service

4.4 The legal liability and legal responsibility of the subaccounts of the reseller/VPS belongs to the reseller/VPS customer.

4.5 GFXWebHosting reserves the right to financially charge the reseller/VPS customer for any contract violation.

4.6 If an IP assigned to a VPS client is blocked and/or blacklisted, GFXWebHosting will impose a non-negotiable $100.00 penalty fee payable within 24hrs. GFXWebHosting reserves the right to take further action should this bill remain unpaid.

4.7 Resellers are responsible for ensuring that the domain they choose upon sign up is the domain they wish to use. If the reseller requests to have the domain name of the main reseller account changed, a $10.00 one-time admin fee is charged.

5. VPN (Virtual Private Network) Terms of Service

These are the terms of service you are agreeing to when you enroll in and/or when you are using the VPN services of GFXWebHosting.com

Please Note In this agreement, the term "You" means you the "User", and the term "We" or "Our" means GFXWebHosting.com, its owners, employees, agents, and any others involved with GFXWebHosting.com.

5.1 You must be 18 years old or older to use GFXWebHosting.com services.

5.2 We are obliged to take all measures to provide services to you with minimum downtime.

5.3 The information you provide when you purchase, connect and use the service, have access only to employees of GFXWebHosting.com. Your information may be used only by us to provide our services to you. We respect your privacy and will not share its third person, except in the following situations:

5.3.1 At the request of law enforcement agencies in compliance with all procedures established by law.

5.3.2 The user has violated the rules for the use of the service.

5.4 You agree to receive newsletters and other commercials from GFXWebHosting.com by e-mail.

5.5 You agree that we can verify your mobile phone number by verification SMS.

5.6 You will be responsible for all the activities involving your account. You must respect the laws of your country. You agree not to share your account with others. You can use your account on as many devices as you like, but you can have only one connection at a time for your account. Simultaneous connections for the same account from different devices are not allowed.

5.7 You are obligated to keep all your account information updated. You can do all changes in members area on GFXWebHosting.com.

5.8 You agree that you will not run any resource intensive programs that will interfere in the usage of our services by our users. You agree that you will not hog the bandwidth of our servers. We reserve the right limit bandwidth of your account if you transfer more than 2GB in one day.

5.9 You agree that our services offered to you is provided as a "as is" basis, with no warranties whatsoever. We are not liable for any direct, indirect, consequential, inconveniences, or whatsoever damages, or loss of profit, that may arise from the use of our services. No refunds will be given.

5.10 We cannot and do not guarantee the speed of our services. We also cannot and do not guarantee that you will have uninterrupted services. We have no control and cannot guarantee on how the internet will perform in your area. We are not liable for any direct, indirect, consequential, inconveniences, or whatsoever damages, or loss of profit, that may arise from the use of our services. No refunds will be given if you are dissatisfied with our services.

5.11 We are not in any shape or form liable for damages of any sort (realized or unrealized) resulting from the use of, or through the use of, or arising from the use of, or the inability to use the GFXWebHosting.com services pertaining to any registered user. In any event, GFXWebHosting.com shall never be liable for any monetary damages beyond what the user paid to GFXWebHosting.com.

5.12 Log files stored on our servers are only used for monitoring server performance, identifying software bugs, identifying any potential security breaches, and for the purpose of identifying abusive users. The log files are not used for monitoring or censoring your internet activities. We respect your privacy. We are not interested in what you do on the internet.

5.13 You agree:

5.13.1 You will not to pay for the service from a stolen credit card.

5.13.2 You will not use our services to hack or attack other computers, servers, or networks on the internet. You will not to hack our servers and resources.

5.13.3 You will not use our services to scan (eg. port scanning, running proxy hunters) or break into other computers, servers, or networks on the internet.

5.13.4 You will not use our services to transmit viruses/trojans/worms, etc. to other computers on the internet.

5.13.5 You will not to use our services for receiving and the distribution of pirated copyright materials, such as, but not limited to Pirated DVDs, Pirated CDs, Pirated Softwares. This includes, but not limited to the following: The trading, selling, bartering, sharing, transmitting or receiving, of such materials.

5.13.6 You will not use our services to send out unsolicited or fraudulent materials. This includes, but not limited to the following: Sending unsolicited emails (ie SPAM mail), mass-marketing mails (even they are in a opt-in list), hate mail, unsolicited instant messages, unsolicited SMS, or identity theft or scam related materials, etc.

5.13.7 You will not use our services to engage in child pornography activities of any sort. This includes, but not limited to trading, bartering, selling, transmitting child pornography to others, or receiving the materials from others, etc.

5.13.8 You will not promote or encourage criminal or terrorist activities of any sort.

5.13.9 You will not use our services to threaten or harass others.

5.13.10 You will not use our services for any type of criminal activities.

5.14 We reserve the right terminate your account without notice or refund if we receive any complaints about your activities from other users, servers, companies or internet service providers.

5.15 If you violate any of our terms, we reserve the right to terminate your service without any advance warning or notification. No refunds or will be given.

5.16 If you violate any of our terms that involve criminal activities, you will forfeit all the privacy and confidentiality privileges that our service provides. No refunds or will be given.

5.17 We reserve the right to make amendments or modifications to our Terms Of Use Agreement. This will become binding and it will be your responsibility to periodically check for updates and abide by the terms.

5.18 There is no money back gurantee on VPN Products, it's only for our web hosting products.

5.19 You can contact GFXWebHosting.com via contact form on GFXWebHosting.com webpage or by support ticket system in members area on GFXWebHosting.com webpage.

6. IRC

We do not allow IRC or IRC bots to be operated on our servers unless you have prior permission from a GFXWEBHOSTING.COM system administrator.

7. Resource Usage

No system in the world has unlimited resources, and we expect you to act responsibly when consuming resources on our system. If you consume unnecessary and excessive resources on our system we may suspend your access at any time without prior notice to correct the situation.

Users may NOT initiate the following on our servers:
- Run any process that requires more than 8Mb of memory space or use more than 15% of total available system resources for longer then 60 seconds.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, proxy servers, and anonymizers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers such as counter-strike, half-life, battlefield1942, on a server not sold for that specific service.
- Run cron entries with intervals of less than 15 minutes.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of   include("http://yourdomain.com/include.php") use include("include.php")

 

8. Price Change

GFXWEBHOSTING.COM reserves the right to change the price of any services at any time on 5 days' notice to the current customers. Contract pricing customers will not be affected by any price change throughout the contract period.

9. Bandwidth/Traffic and Storage/Web Space Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

 

Storage Usage. GFXWEBHOSTING.COM users' accounts are not to be used for the purposes of distributing and storing irregular amounts of multimedia files. Multimedia files are defined as any graphics, audio, and video files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an irregular amount of multimedia files and is the subject to warning, suspension or cancellation at the discretion of GFXWEBHOSTING.COM Monitoring Team.

10. Backups and Data Loss

As the servers are connected to the Internet constantly, the content in the servers are exposed to hacker attacks, viruses and other adverse effects. For these and many other reasons, customers may lose the whole content of their servers. We back-up our servers on a daily basis. GFXWEBHOSTING.COM will not be liable for lost data even if backups were created. We will restore your account on your request, however, and we encourage you to generate backups on your own. The backup system is fully automated and there is no way to guarantee that particular file or piece of data will be backed up at the specific time. We do not account for incomplete backups and render no compensation for non-current data contained in the backups.

11. Customer/Technical Support

We encourage you to contact our technical support team through email at support@gfxwebhosting.com Also we provide support through our Rapid Support ticketing system via (WHMCS).

12. Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. All fees and pre-paid services will not be refunded. GFXWEBHOSTING.COM will act as the sole arbiter as to what constitutes a violation of this condition.

13. Network Security

Violation of Network System such as, but not limited to unauthorized access, or trying to breach network security is prohibited. Any time a security breach is detected, the involved Server will be immediately shut down. Our technicians will immediately investigate the situation.

14. Billing information updates

Customers are responsible to update their information. E.g.: billing info, address change, credit card change, etc.

15. Recurring Billing

We will only send out invoices and monthly statements by request. A small fee might apply for monthly invoices. We will send out an e-mail when we have successfully billed your credit card. All credit cards are billed automatically every month through a PayPal subscription. If you wish to end the subscription you must cancel it after the first payment in PayPal.com on your account.

16. Payments, Fees and Cancellations

You agree to supply appropriate payment for the services received from GFX WebHosting, in advance of the time period during which such services are provided. You agree that until and unless you notify GFX WebHosting of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing to us via support ticket. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of GFX WebHosting, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Accounts that reach 7 days past due will be suspended.

Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact support@gfxwebhosting.com This e-mail address is being protected from spam bots, you need JavaScript enabled to view it.

GFX WebHosting reserves the right to change the monthly payment amount and any other charges at anytime.

17. Refund Policy

All Hosting packages have a 7 days money back guarantee. This doesn't mean that you order a plan and after 2-4 days later you request for money back without solid reason/Proof. We will not refund your money on that kind of request. If we have failed to make you happy by our service within 7 days of your order [downtime from our side], we will deduct 15% from the order amount and send you the rest. *** 7 days money back guarantee is not applicable to special offers on different sites.

18. Indemnification

The customer agrees that the customer shall not hold GFXWEBHOSTING.COM liable to the customer for any claims, liabilities, losses, costs, damages, expenses, including attorney fees and court costs that arise from any judgments directly or are indirectly created by the services of GFXWEBHOSTING.COM.

19. Limited Liability

GFXWEBHOSTING.COM shall not be liable under any circumstances for any damages the customer's businesses may suffer for any reason, even if GFXWEBHOSTING.COM has been advised of the possibility of such damages. If a problem occurs that is within our control, we will issue credits based on the length of the downtime according to the service plan. As the Internet is unpredictable, customers are aware that Network availability is not guaranteed to be 100%. GFXWEBHOSTING.COM shall not be liable for any claims resulting from the corruption or deletion, of any website or data on our servers.

20. Excused Performances

GFXWEBHOSTING.COM shall not be responsible for any delay resulting directly or indirectly from natural disasters such as fire, shortages of facilities, acts of civil or military authority, catastrophes, or any other circumstances beyond our reasonable control. In case this happens, the customers will have to make arrangements with GFXWEBHOSTING.COM to defer the service to a mutually agreed date and time.

21. Disclaimer

GFXWebHosting shall not be responsible for any damages your business may suffer. GFX WebHosting makes no warranties of any kind, expressed or implied for services we provide. GFX WebHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by GFX WebHosting and its employees.

22. Changes to the TOS

GFXWEBHOSTING.COM reserves the right to make changes to our Terms of Service (TOS) at any time without any notification. Changes to our Terms of Service (TOS) take effect immediately upon being posted on our website.

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