GNI Terms & Conditions for Web Hosting Services

Transcription

1 GNI Terms & Conditions for Web Hosting Services PLEASE READ THESE TERMS, CONDITIONS & ACCEPTABLE USE GUIDELINES CAREFULLY BEFORE OPENING OR CONTINUING AN ACCOUNT WITH GNI. These Terms, Conditions & Acceptable Use Guidelines represent the complete Agreement and understanding between GNI and you, the GNI accountholder, and supersede any other written or oral agreement pertaining to your GNI services. By using GNI services, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your GNI account. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF GNI SERVICES AND NOTIFY GNI SO THAT GNI MAY INITIATE CLOSURE OF YOUR ACCOUNT. GNI reserves the right to modify the Terms, Conditions & Acceptable Use Guidelines, and/or modify the prices of its services, as well as discontinue or change the services offered. A notification will be made by when modifications are made, however, it will be the responsibility of the accountholder to keep informed about these changes. Your continued use of GNI services following such notification will be deemed acceptance of the modification Provision of Services 1.01 This Agreement defines the terms, conditions, and acceptable use for all types of accounts offered by GNI. GNI "services" are defined as the use of computing, telecommunications, software, and information services provided by GNI. These services also include the provision of access to computing, telecommunications, software and information services provided by others via the global Internet GNI will provide services on its computing systems to you in exchange for recurring payment of subscription fees and full compliance with this agreement GNI reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which GNI, in its sole discretion, believes violates these Terms, Conditions & Acceptable Use Guidelines, or is otherwise harmful to GNI's interests or the interests of other accountholders You may only use GNI's services for lawful purposes, in compliance with all applicable laws including copyright and trademark law. Unlawful activities include storing, distributing or transmitting any unlawful material through GNI services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders, GNI reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information. GNI will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of When GNI becomes aware of possible violations of this Agreement, GNI may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from accountholders and examining material on GNI's servers. During investigations, GNI may suspend accounts involved in a violation and/or remove the material involved from its servers. If GNI believes, in its sole discretion, that a

2 violation of this Agreement has occurred, it may temporarily or permanently remove material from GNI servers, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. GNI, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability You are responsible for obtaining the Internet access required to connect to GNI services, including computer hardware, software and Internet access provider services. GNI does not provide Internet access services, hardware or software. You are responsible for ensuring that such equipment or service is compatible with GNI's requirements Any use of GNI scripts or software or third-party scripts or software distributed by GNI is governed by the End-user License Agreement that accompanies such scripts or software. Use of such software indicates your acceptance of the terms therein Certain services performed by GNI may require passing personal information about GNI accountholders to third parties. Services include, but are not limited to, registering information with the InterNIC for those accountholders who wish to own their own Internet domain name. GNI cannot be held responsible for the lack of privacy that these third party entities may offer GNI reserves the right to obtain, lease and utilize the products and services of third party vendors in order to maintain services to it accountholders. Examples of services may include, but are not limited to, Internet connections, Internet servers, or any other product or service that GNI deems necessary to maintain services to its accountholders Payment of fees 2.01 Current monthly and set-up fees for GNI services can be found on the Web on the GNI site found at http//: GNI will publish an online notice of fee increases at least 30 days before such increases take effect GNI services are offered on a pre-pay basis. Payment for a minimum of three months of services must be received prior to the proceeding month's start date. Accounts that do not abide to the payment terms set forth herein are subject to suspension and/or account termination. You acknowledge responsibility that, even if your account is terminated, you will be held liable to for any balance owed on the account Acceptable means of payment are defined on our web site at Payment for a GNI account or service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties GNI reserves the right to charge a setup fee to reinstate suspended or terminated accounts There is a $49.00 service charge for each returned check If you believe GNI has billed you incorrectly, you must contact GNI no later than 60 days after the date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to GNI's billing (gni@gaynaturists.org) and should include all available information about the suspected error.

3 2.07 If you have elected to have GNI make automatic payments against your credit card, and your credit card expires, GNI, in its discretion, may either assume that your card has been renewed for one year, or require that you furnish updated credit card information, including the new expiration date and any other information needed to process your account payments. If GNI is unable to obtain payment from your credit card bank because you have not renewed your card, because your credit card information has become outdated, or because you have not provided new information to GNI when requested, GNI may consider your account to be delinquent by more than one accounting cycle and suspend, archive or purge your account Cancellation of Accounts 3.01 To cancel your account, you must contact GNI support via or postal mail. Cancellation requests must include the account's login name, and your name, address and phone number and other identifying information as they appear in GNI's billing records. If the information provided to GNI for an account does not match the account's records, cancellation may be delayed or prevented All cancellation requests must be received by 5:00 PM Eastern Time on a regular business day (holidays excluded) to be processed the same day. Otherwise, your request may not be processed until the following business day. Regular business days are Monday through Friday All GNI accounts must be paid in full before a cancellation will be considered complete If a GNI account is canceled, suspended or terminated, GNI may maintain the account for 30 days. You may contact GNI within that time to inquire about reopening a suspended account, or forwarding mail or files to another address. GNI reserves the right to refuse to forward the mail and/or files of any account terminated for violation of any provision of the Terms, Conditions & Acceptable Use Guidelines. If you do not contact GNI within 30 days, your account and associated files will be deleted from GNI's servers, and GNI will not be able to reopen it or restore files. GNI is not responsible for maintaining material that it deletes from its servers as a result of a determination that the material violates any provision of the Terms, Conditions & Acceptable Use Guidelines "As Is" Services; Limitation of Liability, Indemnification 4.01 "As Is" Services. You acknowledge that GNI services are provided "as is". GNI, its employees, agents, subcontractors, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that GNI services will be uninterrupted or error free. GNI expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use GNI services, other than for payment of fees due under Section 3 and for indemnification under section 4.0, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through GNI is at your own risk. Under no circumstances will GNI be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on GNI's services and systems.

4 You agree to waive and hold GNI harmless from any claims relating to any action taken by GNI as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means you cannot sue or recover any damages whatsoever from GNI's decision to remove material from its servers, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of GNI's conclusion that a violation has occurred. This waiver applies to all violations described in the Terms, Conditions & Acceptable Use Guidelines. IN NO EVENT SHALL GNI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR THE ACCOUNTHOLDER'S USE OF GNI'S SERVICES. GNI'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE AT GNI'S OPTION, EITHER RETURN OF THE SERVICE FEES PRE-PAID OR REPLACEMENT OF SERVICES. In any case, GNI's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and GNI limits its liability in such jurisdictions only to the degree allowed by the applicable laws Indemnification. You agree to defend, indemnify and hold GNI harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any provisions of this Agreement or your placement of transmission of any materials or content onto GNI's servers, or from any and all use of your account, with or without your knowledge or consent Acceptable Use Guidelines 5.01 Use of Services The accountholder agrees to use GNI's services only for lawful purposes, in compliance with all applicable laws, and in accordance with all provisions set forth in the Terms, Conditions & Acceptable Use Guidelines. Violation of any provision of this Agreement is grounds for immediate termination of your GNI account The accountholder of record is responsible for all use of the account, with or without the knowledge of consent of the accountholder Use of Material Materials in the public domain (e.g., images, text and programs) may be downloaded or uploaded using GNI services. Accountholders may also redistribute materials in the public domain. The accountholder assumes all risk regarding the determination of whether the material is in the public domain The accountholder is prohibited from storing, distributing or transmitting any unlawful material through GNI services. Examples of unlawful material include but are not limited to direct threats of physical harm, child pornography, MP3 files and copyrighted, trademarked and other proprietary material used without proper authorization. The accountholder may not post, upload or otherwise distribute copyrighted material on GNI's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the accountholder to criminal as well as civil liability, in addition to account termination.

5 The account holder may not store or distribute certain other types of material on GNI's servers. Examples of prohibited material include, but are not limited to, material judged, at GNI's sole discretion, as threatening, obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials Passwords Each GNI account user is responsible for the security of his or her password(s). Secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The accountholder is responsible for changing his or her password(s) regularly GNI staff may monitor the security of accountholder's password(s) at any time. An account with an insecure password may be directed to change the password to one that complies with the above rules. Accountholders who repeatedly choose insecure passwords may be assigned a password by GNI; continued failure to maintain password security may be grounds for account termination System Security The accountholder is prohibited from utilizing GNI services to compromise the security or tamper with system resources or accounts on computers at GNI or any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include but are not limited to password guessing programs, cracking tools or network probing tools GNI reserves the right to release the users names of accountholders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. GNI will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers System Resources GNI will allocate system resources to provide all accountholders with the best service possible. As a part of resource allocation, GNI may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions. Additionally, GNI may institute services and fees for accountholders who are interested in accessing system resources above and beyond acceptable usage System abuse is defined as any use GNI resources that disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of GNI servers Web Page Publishing Guidelines The accountholder is solely responsible for the content of Web pages owned by the account GNI will investigate complaints regarding inappropriate material on Web pages hosted on GNI servers and may, in its sole discretion, require that the

6 material be removed or take action as outlined in above. Criteria for determining whether a page is in appropriate include, but are not limited to, the system resources consumed by the page and applicable laws Your account may be subject to additional fees depending on the total web transfers or "hits" to your account. The exact details of this rule depend on the type of account and are set forth in the account service features list located on the GNI web site at Use GNI will investigate complaints regarding and may, in its sole discretion, take action based on the rules below. If an message is found to violate one of the policies below, or to contain unlawful material, as described in and above, GNI may take action as outlined in above GNI accountholders may not send to any user who does not wish to receive it. GNI recognizes that is in informal medium; however, accountholders must refrain from sending further to a user after receiving a request to stop Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. GNI accountholders may send advertising material only to addresses that have specifically requested it. GNI will not forward mail of accounts terminated for bulk mailing or unsolicited advertising GNI accountholders may not send, propagate, or reply to mail-bombs. Mail-bombing is defined as either ing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent GNI accountholders may not alter the headers of messages to conceal their address or to prevent others from responding to messages Violations of the GNI policies outlined in this document can sometimes result in massive numbers of responses. If a GNI accountholder receives so much that GNI resources are affected, GNI staff may shut down the accountholder's mailbox FTP Use There is a 50MB per day account upload limit on FTP transfers to GNI's servers. Accountholders who surpass the limit or which consume an excessive percentage of GNI's FTP resources may receive a warning from GNI. Accountholders interested in consistently uploading more than the limit may be subject to additional fees set forth by GNI Download transfers by FTP will be included in the total web transfers or "hits" as described in section Miscellaneous 6.01 This agreement will be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflict of laws principles, and the parties' consent to exclusive personal jurisdiction of and venue in court of competent jurisdiction located in Sussex County, Delaware.

7 6.02 Section 4 and your obligation to pay amounts due under this Agreement will survive termination of this Agreement If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect Service Interruption We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall no bear any liability whatsoever for: a. any such suspensions of Service; b. the termination of Service pursuant to these Terms, Conditions and Acceptable Use Guidelines; c. suspension or termination of Service due to your non-payment of amounts or deposits due; d. suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; e. your inability to access any Services; or suspension or termination of the Service for any other reason at our sole discretion. I certify that I have reviewed and understand this entire agreement. I understand this is a binding contract and that my account will not be activated until payment has been made in full. I have made a copy for myself. Printed Name Signature Domain name Company (if applicable) Date Payment Methods Please pay in US Dollars with funds drawn on a US Bank. Checks or money orders are made payable to GNI. NSF checks will be subject to a $29.00 service charge. Check / MO Visa / MasterCard American Express Discover Card # Cvv2 Security code Exp Date (3 digit number on back of card V / MC; 4 digit on front - AMEX) I authorize GNI to charge my credit card (Signature Required)

8 5175 W Ajo Hwy #A 14 Tucson AZ USA Voice (954) Fax (954) gni@gaynaturists.org Web Hosting Information Sheet Please complete the following Web Hosting Information Sheet and send this to the GNI Business Office with the Web Hosting Agreement and payment. Account Holder Information Club or Business Name Address Address City State Zip/Prov Country Contact Name Contact Phone Alternate Contact Alt Contact Phone Alt Contact Access Information (Your account cannot be completed if this section is left blank. Please complete all information.) Domain Name USER-ID Password (example: (example: GNI) (example: password) The USER-ID and Password access codes are case-sensitive. Please be sure either keep a copy of this form or write down your access codes for future reference. The GNI Business Office will contact you when your account is activated so you can either publish your web site or transfer it to our server via FTP. You are responsible in requesting DNS propagation once your account is active. You will be contacted by the Business Office with more information. Pleae feel free to contact us anytime if you have any questions. Thank you for your business and we hope that your experience with GNI exceeds your expectations. Naturally yours, GNI Business Office