GBLHosting.com's services may only be used for lawful purposes.
Transmission of any material in violation of International, Federal or State
regulation is prohibited. This includes but is not limited to: material
legally judged to be threatening or obscene, or material protected by trade
secret laws.
If you are found in violation of the GBLHosting.com Hosting Acceptable
Use Policy and Terms of Use. Your account will be terminated without notice
and you will forfeit all of the money that has been paid to
GBLHosting.com.
Examples of content that is not acceptable on
GBLHosting.com Servers:
"Pirated software" or "Warez", "Hacker programs and/or archives", "IRC
Bots", "Gambling Related","Copyrighted Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold
GBLHosting.com harmless
from any claims resulting from a breach of these terms, and/or their use of
the service, which damages another.
Warez - Includes pirated software, ROMS, emulators,
phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how to" information
about such material.There is to me no mirroring of any Games, mods,
videos, etc.
WE DO NOT HOST ADULT SITES.
Adult Content or links to Adult Content are not permitted on
GBLHosting.com servers.
Spam
SPAM in any shape or form is NOT permitted and is grounds for immediate
account termination. Mailing lists via a mailing list manager are acceptable
as long as the list are OPT-IN list that people have signed up for. Spam
complaints from other users will not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of
its many forms including, but not limited to: bots and IRC servers. Chat
rooms may be allowed on per use basis, so please ask one of our support
staff before setting one up. (Some cgi/perl based chat rooms over utilize
the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality
of information received by any person via the Server and we shall have no
liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance
coverage in respect of any
loss or damage to data stored on the Server.
You represent, undertake and warrant to us that you
will use the Web Site
allocated to you only for lawful purposes. In particular, you represent,
warrant and undertake to us that you will not use the Server in any manner
which infringes any law or regulation or which infringes the rights of any
third party, nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any
material, which is
unlawful, threatening, abusive, malicious, defamatory, obscene,
pornographic, blasphemous, profane or otherwise objectionable in any way.
(b) Any material containing a virus or other hostile computer program. (c)
Any material which constitutes, or encourages the commission of, a criminal
offence or which infringes any patent, trade mark, design right, copyright
or any other intellectual property right or similar rights of any person
which may subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and
other confidential
information relating to your account and shall notify us immediately of any
known or suspected unauthorized use of your account or breach of security,
including loss, theft or unauthorized disclosure of your password or other
security information.
You shall observe the procedures, which we may from
time to time prescribe
and shall make no use of the Server, which is detrimental to our other
customers.
You shall procure that all mail is sent in accordance
with applicable
legislation (including data protection legislation) and a secure manner.
In the case of an individual User, you warrant that you
are at least 18
years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
Any access to other networks connected to
GBLHosting.com must comply
with the rules appropriate for those other networks.
While we will use every reasonable endeavor to ensure
the integrity and
security of the Server, we do not guarantee that the Server will be free
from unauthorized users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and clearances to enable you
lawfully to make use of all and any intellectual property rights through the
Services, including without limitation, clearance and/or consents in respect
of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you at all times
the Server and the Services but we shall not, in any event, be liable for
interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any
time and for any
reason without notice, but if such suspension lasts or is to last for more
than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one login session
under any one account may be used at any time by you. User programs may be
run only during login sessions. If your account is found to have been
transferred to another party, or shows other activity in breach of this sub
clause, we shall have the right to cancel the account and terminate the
Services and/or this Agreement immediately.
Termination Without in any way limiting our (GBLHosting.com) rights.
If a site violates these terms in any way, shape, or form, the site will be
deleted from our network. If 2 violations occur within a 90 day period the
site will be blocked from our network. Our warning schedule is below.
First Warning: When you (or your clients) upload illegal content you (or
your clients) are knowingly violating the terms of service. Therefore there
is no need for a first warning. When you upload illegal files which violate
these terms you know what you are doing is against our policies.
Second Warning: There is no second warning, the domain
is deleted. You may
recreate the domain, however if illegal content is found on this domain
again the domain will be blocked from our servers.
Questionable Situations: If we find content that is
questionable and may or
may not violate the terms of service we will contact you. An example of a
situation like this is a band hosting their own music on our servers.
However, you can avoid this step if you notify us. If you are a band or if
you are planning to upload a large amount of files that are questionable
please notify us before you upload so we are aware of the situation. This
will keep everyone happy.
If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions, we may
terminate this
Agreement forthwith upon written notice.
If you are a company and you go into insolvent
liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to terminate
this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the
Services we shall be
entitled immediately to block your Web Site and to remove all data located
on it. We shall be entitled to delete all such data but we may, at our
discretion, hold such data for such period as we may decide to allow you to
collect it at your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled to post such
notice in respect of the non-availability of your Web Site as we think fit.
Accounts may be cancelled by the user with a 7 day notice. GBLHosting
reserves the right to cancel any account with or without notice..
Legal
GBLHosting.com expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws concerning the
privacy of on-line communications. A subscriber's failure to comply with
those laws will violate GBLHosting.com policy. Finally,
GBLHosting.com wishes to emphasize that in signing the service
agreement, subscribers indemnify GBLHosting.com for any violation of
the service agreement, law, or GBLHosting.com policy, that results in
loss to GBLHosting.com or the bringing of any claim against
GBLHosting.com by any third-party. This means that if
GBLHosting.com is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against
GBLHosting.com , plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these terms
and conditions including, without limitation, the implied warranty of
satisfactory quality and fitness for a particular purpose are hereby
excluded.
Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect of
the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have
notified us of the
claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss
of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as
appearing in this Agreement or ancillary application forms or such other
address as such party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report, or if
sent by recorded delivery shall be deemed to be served two days following
the date of posting.
Payment
All payments must be in US Dollars. If your check is returned by the bank as
unpaid for any reason, you will be liable for a "returned check" charge of
$30.00.
All charges payable by you for the Services shall be in accordance with the
scale of charges and rates published from time to time by us on our web site
and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies
under this Agreement, if
any sum payable is not paid on or before the due date, we shall be entitled
forthwith to suspend the provision of Services to you.
Your Billing is based on the date that you signed up
with us. (ex. If you
joined us on June 25th, 2000 Your Credit Card will be charge on the 25th of
every month)
Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred to
in them, contain the entire Agreement between us relating to the subject
matter covered and supersede any previous Agreements, arrangements,
undertakings or proposals, written or oral: between us in relation to such
matters. No oral explanation or oral information given by any party shall
alter the interpretation of these terms and conditions. In agreeing to these
terms and conditions, you have not relied on any representation other than
those expressly stated in these terms and conditions and you agree that you
shall have no remedy in respect of any misrepresentation, which has not been
made expressly in this Agreement. Misuse Of Resources
Including but not limited to employing applications which consume excessive
CPU time. Chat/IRC, web proxy and mailing list scripts are not allowed on
our network under any circumstances. Streaming media can be a drain on web
server resources and as such is not allowed. CGI based message forums which
use flat file databases are often found to use excessive system resources,
to avoid disappointment please use a PHP/ASP message forum.
If you are unsure about content you intend to place on our network, please
check with us before you do. We reserve the right to determine what
constitutes acceptable use. We may amend these terms of service with or
without notice.