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You must accept
these terms of service in order to use our service.
These terms of service may be updated as needed at
any time without notice. The main purpose of this
agreement is to protect all users on our servers.
Read these terms of service carefully and return
here frequently. Updates are cataloged at the bottom
of this page.
1.)
Suspension
Violation of these terms of service could result
in suspension or removal of your account depending
upon the circumstances. Suspension means that your
account is put into a limbo state and is unreachable
through any means. During suspension no files are
lost or altered. Accounts found to be running a script
which is causing a very high cpu load or mail script
being used to send spam will almost always be suspended
without notice to prevent further damage. Poorly written
scripts must be removed in order for us to restore
your service. Reports of spam are taken very seriously
usually resulting in immediate account suspension
and investigation without notice. We reserve the right
to suspend any or all accounts held by you without
notice if we deem it necessary to do so.
2.) Scope of Service
Our servers and pricing has been designed to be
low cost and therefore, in that spirit we are simply
providing basic http, mail & ftp level hosting
services. This means that applications or scripts
set up by users to run on the server which cause high
cpu load may be asked to move to a dedicated server.
High CPU load is defined as using an average of
more than 2% of the server processor in a 24 hour
period beginning and ending at midnight, as determined
by our server.
Script support or other
"how-to" services are not provided. It is the
responsibility of the user to become learned in setting up
and administering their account including script installs,
file permissions, uploading procedures, etc. All
script engines are checked many times per day to
be sure that they work server wide. Support will be
strictly limited to making sure that running scripts
is possible by running our test script. GTESystems Web Hosting staff or
other members may however be able to answer script
or how-to related questions posted to our forum for
the benefit of all users.
3.) Limitation of Liability
You expressly understand and agree that GTESystems
Web Hosting shall not be liable for any direct, indirect,
incidental, special, consequential or exemplary damages,
including but not limited to, damages for loss of
profits, goodwill, use, data or other intangible losses
(even if GTESystems Web Hosting has been advised of the possibility
of such damages), resulting from: (i) the use or the
inability to use the service; (ii) the cost of procurement
of substitute goods and services resulting from any
goods, data, information or services purchased or
obtained or messages received or transactions entered
into through or from the service; (iii) unauthorized
access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the
service; or (v) any other matter relating to the service.
4.) Content
All services provided by GTESystems Web Hosting
may be used for lawful purposes only. Transmission,
storage, or presentation of any information, data
or material in violation of any United States Federal,
State or City law is prohibited. this includes, but
is not limited to: copyrighted material, material
we judge to be threatening or obscene, or material
protected by trade secrete and other statue. The subscriber
agrees to indemnify and hold harmless GTESystems Web
Hosting from any claims resulting from the use of
the service which damages the subscriber or any other
party.
4.1) Pornography and sex-related merchandising
are prohibited on any GTESystems Web Hosting server.
This includes sites that may infer sexual content,
or link to adult content elsewhere. This is also
true for sites that promote any illegal activity
or content that may be damaging to GTESystems Web
Hosting servers or any other server on the internet.
Links to such materials are also prohibited. This
policy is in effect because of the excessive load
this material puts on our servers and bandwidth,
and the legal ramifications of such sites.
4.2) You agree to
not use the Service to:
a. upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable.
5.) Examples of non-acceptable content or links
Pirated software
Hackers programs or archives
Warez Sites
Adult Sites
Illegal MP3s
GTESystems Web Hosting will be the sole arbiter
as to what constitutes a violation of this provision.
Any websites found in violation of this policy will
be cancelled and any resulting monetary damages to
us will be multiplied by a factor of two (2) and
charged to the account holder.
6.) Chat Rooms
We do not allow clients to install their own CGI
chat rooms. These tend to be large system hogs and
we cannot allow it as a account option. We do provide
a choice of JAVA chat rooms free of charge that more
than fill your needs and run without hindering the
performance of the machine for others.
7.) Background running programs
We may allow programs to run continually in the
background, these are considered on a one to one basis
and an extra charge will be incurred based on system
resources used and operational maintenance needed.
8.) IRC
We currently do not allow IRC or IRC bots to be
operated on our servers. Examples include but are
not limited to:
- Any IRC Bouncers such as, but not limited to,
psyBNC.
- IRC Eggdrops.
- Proxy Servers
Any account found to be running IRC or IRC bots
or proxy servers will be suspended forever.
9.) SSH (secure shell)
Secure shell access is available to customers by
request. SSH is not set up by defaut.
10.) Discussion Forum Scripts
We have recently had issues with popular websites
and their associated discussion scripts. To protect
all users please use the following guidelines. You
are encouraged to use PHP MySQL based discussion
scripts whenever possible. Flat file discussion scripts
such as Ultimate Bulletin Board (UBB) are not allowed.
Scripts which are found to be using excess system
resources will be asked to move to a dedicated server
or be disabled. This is to protect all users on our
servers.
11.) BANNED SCRIPTS
The following are scripts which either cause a great
load on our servers or pose a serious security risk,
therefore can not be run on our servers.
Any gaming server software
UltimateBBS (all versions)
Ikonboard (all versions)
IRC Egg Drops
Proxy Servers
nph-proxy
The Anonymizer
any soap mailers
These scripts are on the banned list because they
have at one time been installed by customers and
have had a serious impact on the rest of our user
accounts.
12.) Commercial Advertising - Email or Usenet
Spamming, or the sending of unsolicited email, from
a GTESystems Web Hosting server or using an email address
that is maintained on a GTESystems Web Hosting machine is
STRICTLY prohibited. Equally, any email or usenet spam
which points to any domain hosted on a GTESystems Web
Server will result in immediate suspension of that
domain name account and a full investigation. Any
form mail script running on your account is done at
your own risk. Ignorance of the risks of such scripts
is no defense. GTESystems Web Hosting will be the
sole arbiter as to what constitutes a violation of
this provision.
Reports of spam are given top priority if you have
arrived at this page in the course of a spam investigation
and wish to report abuse send all details and headers
to mail@gtesystems.com as soon as possible.
13.) Server abuse
Any attempts to undermine or cause harm to a GTESystems
Web Hosting server or customer of GTESystems Web
Hosting is strictly prohibited. No user is allowed
to use more than 15% of the server's resources. In
the event there is a problem the account holder will
be notified. If the user continues to use more than
15% of the server's resources the account will be
suspended.
14.) Damages
If you violate these terms of service and it results
in damage to our servers or causes GTESystems Web
Hosting any additional expense or legal fees you agree
to compensate us in full for the amount of monetary
damages multiplied by a factor of two (2) as determined
by us.
15.) Liability
GTESystems Web Hosting is in no way responsible
for down time either resulting from a users actions,
or natural fluctuations in internet consistency.
GTESystems Web Hosting will however, do everything
within it's power to assure that each and every client
site is up as consistently as possible.
16.) Indemnity
You agree to indemnify and hold GTESystems Web Hosting,
and its officers, agents or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or
arising out of your Content, your use of the Service,
your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
17.) Billing
GTESystems Web Hosting's billing period is typically
every 30 days. Each account may be automatically
debited each month for the total amount due, until
email notice of cancellation is received and confirmed.
If the credit card on file is declined for any reason
or check/money order isn't received, the customer
will receive notification via email. Response to this
email is required within 24 hours. In the event there
is no response from the account holder the account
will be suspended until payment is received. After
the account has been suspended for 30 days it will
be deleted. You agree that any chargeback action through
your credit card company on your part will not release
your of your debt. Any and all chargebacks will impose
additional fees of $100.00 per chargeback plus collection,
filing and legal costs.
18.) Refunds (30 day guarantee):
We hope that you are fully satisfied with your hosting
from us, but in the event you are not, we offer a
30 day money back guarantee. Setup fees and bandwidth
usage less than 1gb are refundable within 30 days
of ordering your account. refunds are not made on
accounts canceled due to violation of our terms of
service.
19.) Refunds (past first 30 days):
While we will do everything in our power to make
your hosting experience with us as satisfactory as
possible, we can in no way please everyone all the
time. Refunds past 30 days are subject to review and
partial months can not be refunded. We must reserve
the right to use our business discretion in refunds
past 30 days.
20.)
Canceling Service
To cancel service send an email to sales@gtesystems.com
indicating that you wish to cancel service. Please
supply your account username and password for verification
purposes, or we will need to verify via email for
your protection. We will immediately stop recurring
billing on your account at 2Checkout or PayPal and delete your account
at the end of its current billing cycle for the domain
name or domain names affected.
Once canceled you should
receive confirmation from us and your billing service
(2checkout or PayPal). Unsubscribing from our announcement
mailing list may or may not happen automatically.
To unsubscribe follow the link at the bottom of any
mailing list message.
21.) Reseller Hosting
All resold plans (your customers) are subject
to the same terms and conditions of regular hosting
plans, with the following additional terms:
a.) Free Hosting Offering
Due to the spamming and abuse reputation of
"Free Hosting" schemes, adding hosting accounts for
third parties for no consideration or monetary price
is strictly prohibited. This also applies to giving
away email accounts to non trusted parties. For more
information about what happens when spammers hit
our system read this.
b.) Instant Account Activation
Due to the abuse risks involved in instant account
activation. Instant account activation scripts are
strictly prohibited. Instant account activation scripts
are those which create an account automatically,
or send login information to the customer (end user)
with no human intervention or screening.
c.) Reasonable Care
You agree to exercise care in screening new
signups to help prevent abuse or hit and run spamming
operations from gaining access to our servers. You
agree to provide all contact information you have
on file for any domain name hosted on our servers
upon request. Failure to provide adequate contact
information may be deemed as a violation of "reasonable
care" and may put your main account in serious jeopardy.
d.) Third Part Violation of TOS
Hosted domains (your customers) found to be in violation
of the terms and conditions are subject to suspension
or deletion without notice depending upon the severity
of the violation. Any suspended domain must be brought
into compliance before un suspending the account.
Any domain deemed by us to be in severe violation
must be removed from the server and may never be reinstated.
Reinstating accounts banned forever by us will put
your main account and all sites you host with us
in serious jeopardy.
Updates to terms of
service:
December 24, 2001 - Added damages policy.
December 28, 2001 - Updated IRC policy.
January 7, 2002 - Added discussion forum limits.
January 19, 2002 - Added specific banned scripts.
January 20, 2002 - Added Limitation of Liability,
and abuse reporting email link.
January 28, 2002 - Added SSH policy (section 9)
Which was part of our welcome email.
March 15, 2002 - Added Refunds past 30 day policy.
May 31, 2002 Re-wrote section 1 & 2.
June 24, 2002 Added cancellation procedure.
July 20, 2002 Revised cancellation procedure to
provide more information.
July 24, 2002 Defined High CPU load in section 2.
August 12, 2002 Added section 4.2
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Small Office Home Office (SOHO)
