25/05/08 - Site Updates
GFX WebHosting Terms of Service (TOS)
[Last Updated Saturday, May 17, 2008]
THIS AGREEMENT BETWEEN GFX WebHosting and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)
Please report any known violations to
admin@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.
Use of GFXWEBHOSTING Service constitutes acceptance and agreement to GFXWEBHOSTING's policies are subject to the terms above and as follows:
1. Content
At GFX WebHosting, 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 GFX WebHosting 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
- Torrent Hosting
- Mass Media Streaming (YouTube clones)
- IRC Bots
- Illegal sites involving crime, hate, racism, sexism, etc.
- Fraud, MLM (Multi-Level Marketing), 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
** Please note that warez linking and torrent linking is allowed, hosting of
these particular types of files on our servers are prohibited however. Adult
websites are also allowed but the content must not be pirated or stolen, it
should be Legal Adult website / Material.
* Proxy Script is only allowed on our Proxy Package which will be hosted on a
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. 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.
5. 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")
6. Price Change
GFXWEBHOSTING.COM reserves the right to change the price of any services at any time on 30 days' notice to the current customers. Contract pricing customers will not be affected by any price change throughout the contract period.
7. 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.
8. 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.
9. Customer/Technical Support
We encourage you to contact our technical support team through email at support@gfxwebhosting.com Also we provide support through our Support ticketing system via (WHMCS).
10. 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.
11. 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.
12. Billing information updates
Customers are responsible to update their information. E.g.: billing info, address change, credit card change, etc.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. GFX WebHosting does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. GFX WebHosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
20. Disclaimer
GFX WebHosting 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.
21. 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.