Hosting Terms of Service Terms of Service
The Provider agrees to provide, and Client agrees to receive, access to the Shared mail, Virtual mail server, Web hosting services, and all other provided services according to the following terms and conditions:
1. Client will use the Greg Hark Photographics, Inc. Mail Servers, Virtual servers, Web hosting packages and all other provided services in a manner consistent with any and all applicable laws of the State of Florida and the US Federal Government. Client authorizes Provider to charge all fees due to the submitted credit card or checking account.
2. Provider reserves the right, in its sole discretion, to deactivate or delete the Client’s dedicated server, collocated server, virtual server or Web hosting account(s), including e-mail and FTP access, without advance notice upon the happening of any of the following events:
A) Failure to pay invoices on due date, including delinquent payments.
B) If Client’s account or the traffic on this account causes any kind of network or server problem /disturbances.
C) If Client re-sells space on its domain to third parties, without proper authorization
D) If client conducts any kind of “spam mail”.
E) If client does not upload a web site to the server space rented from Provider within a period of 45 days from the date said server space was contracted or minimally upload sufficient web page content to enable Provider to determine if said web site is in conformance with its content policies.
F) If client uploads a web site to the server space rented from Provider that is different in category or content than the site Client stated on its original application for server space. Deactivation of Client’s Virtual Server or Web hosting account(s) does not entitle Client to a refund of any monies paid to Provider for hosting services.
G) Fails to retrieve mail from mail server for a period of 45 days.3. THE PROVIDER SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE C.Dalton Inc WEB VIRTUAL SERVERS, WEB HOSTING PACKAGES AND ALL OTHER SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS “NO WARRANTY” EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
4. Provider is not responsible for any damages arising from Client’s use of Provider or by Client’s inability to use the Greg Hark Photographics, Inc. Virtual Servers, Dedicated Servers,Web hosting packages and any other services for any reason.
5. While Provider shall make every reasonable effort to protect and backup data for Client on a regular basis, Provider is not responsible for Client’s files residing on Provider’s servers. Client is solely responsible for independent backup of data stored on Providers Server’s and network. If Provider needs and is able to restore client’s files due to a file lost, provider is not responsible for, provider may charge an additional fee for this service.
6. Provider shall not issue any refunds for “one year” server space rentals at its $9.95 or other economy package rates should Client decide to discontinue the use of Providers hosting services. If client does request discontinuation of Provider’s hosting services, then Client shall charge Client a $40 de-activation fee.
6. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
7. CLIENT HEREBY AGREES THAT ALL DOMAIN NAMES AND ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT’S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE Greg Hark Photographics, Inc. WEB VIRTUAL SERVER OR WEB HOSTING PRODUCT (S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, HACKING, WAREZ, MP3s AND ANY HARASSING AND HARMFUL MATERIALS OR USES. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER ACCOUNT(S) OR HOST SERVER(S).
PROVIDER MAY CHARGE A $40 DEACTIVATION FEE IF CLIENTS VIOLATION LEADS TO AN ACCOUNT DEACTIVATION OR SUSPENSION.
8. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or at her information transferred through the Internet or any other network provider that its customers may utilize.
9. Use of distribution lists via unsolicited electronic mail or other mass electronic mailings (UCE) is strictly prohibited. Provider reserves the right to deactivate the Client’s virtual server or Web hosting account(s) upon an indication of such activity without further notice. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from the Client’s or another party’s use of electronic mail service(s) on the Client’s virtual server or Web hosting account(s). Provider reserves the right to charge a $40 deactivation fee, if client’s violation of provider’s anti-spamming policy leads to an account deactivation or suspension. The client accepts that certain mail, may be rejected, due to its content or from known Spamming sources and designated open relays, listed in various RBL lists. The client understands that these RBL lists are maintained by 3rd parties.
10. In the event it is necessary to refer any dispute to an attorney, a collection agency, or resolve it in a court of law, the prevailing party will be entitled to an award of reasonable attorney’s fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. Place where the Web Hosting Agreement is entered in to and fulfilled shall be Miami, FL, United States of America.
11. Client acknowledges that there is NO cooling-off period! All orders, sales, rents, time-frames, and terms are final. Once the service is ordered (i.e. by clicking the order button of the online order form) or by other method, there are no refunds if the service contract is canceled by client or Provider for cause before the regular expiration date / anniversary date. All server and hosting contracts are automatically renewed for another term unless a written notice of cancellation has been given by either party at least two weeks in advance of the renewal date / anniversary date. If no correct notice of cancellation will be given, all contracts will automatically renewed for another term under the same conditions. If an account has been setup and the initial rent and setup fee is not paid, provider has the right to immediately close the account and to refuse service. In this case provider will bill client for US $125.00 for one hour of programming. If a credit card payment is declined by the client’s bank or if the rent is not paid on time provider will charge a US $15.00 late fee per billing cycle and a US $25 fee for each payment-related suspension. If client disputes justified charges by provider on his credit card, provider has the right to charge a $25 administration fee in addition to the regular suspension charge and immediately discontinue service.
Provider maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. Client shall keep the right to use the domain name even if client changes providers.