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Web Hosting. An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more websites used by Customer.
Network Transfer. A finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Services requested by Customer.
Hosting Resource Utilization : GPU. A GPU is a measurement derived from the CPU time required by every single hit/request made to your website. This includes your web server activity, programs, scripts all associated parent and child processes across all nodes within the system.
Setup fee. Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.
Recurring fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date. Agreement Anniversary date is month to month, and can be cancelled by customer at any time, but must give a minimum of one month notice to the Provider. The provider also contains the right to change the Recurring Fee amount, but must give a minimum of one month notice to the Customer.
Domain Registration. New customers may receive a discounted rate for their first domain registration when activating new hosting service. If hosting service is cancelled and customer wishes to retain domain registration service only, customer is required to pay full recurring price for individual domain registration service.
Network Transfer overage fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately.
Additional Resource Utilization fees. Should Customer exceed the total amount of included hosting resource utilization as described in Service Definitions. Customer agrees that overage fees will apply and be due immediately.
Term. This Agreement shall be effective for ONE YEAR. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider. Customer agrees to pay a late fee of $25 when payments are past due. If payment isn’t received within 10 days of the due date (15th of every month) the website will be deactivated and a fee of $175 will be included to the bill to reactivate the website.
Acceptable Use. Customer’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Usage Policy” (“AUP”) which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Provider’s Customer database. Notification will not be delivered by phone or US Mail.
Returned Check Policy. If your check is returned by the bank, Graphic Solutions Group will notify and bill you for non-payment. A non-sufficient funds/returned check is posted on the account, the account will be interrupted; until the fee is paid off. You must pay certified funds (Make cashier’s check, money order, or other certified funds payable to Graphic Solutions Group. Include your name, ID#, current address, and phone number on the face of the check,) paypal account or credit card* the original fees plus a $50.00 NSF check fee.
Third Party Hosting Transfer. Customer can request to transfer the website to a third party server anytime during the one year contract, and agrees to pay Graphic Solutions Group for such transfer. Customer cannot request a third party company to transfer the website during the ONE YEAR term. Customer agrees to pay $800.00 to transfer the website during the term of ONE YEAR. After the ONE YEAR term has ended, the Customer can choose to renew their account, or request the coded files, which will not included Database connections, and will not include workable PHP files. Customer recognizes that Graphic Solutions Group will only deliver the coded files and PSD files of the original design via e-mail in a .zip folder. It is up to Customer to find a provider who will create a workable website. If during the ONE YEAR term the Customer decides to transfer, Graphic Solutions Group will not be responsible for the website running slow on the new provider’s hosting. Additional fees will be included for e-commerce websites to make functional SSL pages. The fees for e-commerce websites will be established by Graphic Solutions Group, and Customer agrees to pay the fee that Graphic Solutions Group decides to charge during the one year term. If Graphic Solutions Group is hosting the SSL during the ONE YEAR term, and Customer decides to transfer the website to a third party provider, the SSL will no longer be active. Customer understands that a new SSL provider will have to be found, and Graphic Solutions Group is not responsible for any third-party SSL fees that are charged to the Customer.
Cancellation. Security measures have been put in place to insure the safe cancellation of all customer related services. In the event that a Service or Account needs to be closed, customers may contact the cancellation desk by phone (909) 664-7120 Monday – Thursday 9:00am – 5:00pm. An email confirmation system will be used to insure that cancellations are legitimate. Requests to close by FAX, or email are not accepted.
Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer’s material submitted to Provider for publication. Provider’s publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Availability of service. Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.
DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Indemnity. (a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content or links located on Provider’s website from time to time including, without limitation, content submitted by Customer for publication by Provider
Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.
Nondisclosure. Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.
Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.
Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Notices . Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.
Domain Names. Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer’s established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.
ACCEPTABLE USAGE POLICY
Customer agrees when using, or accessing Graphic Solutions Baja’s services that the following terms and conditions of this policy will be met:
In order to provide a high class, professional service, we have a few conditions for Customers of our service. Some of these conditions may seem strict, but they insure a safe, functional, and trusted environment for our customers to publish their information on the World Wide Web.
Some example scenarios that may warrant a service suspension:
• Customer is knowingly or unknowingly hosting pornographic videos or photographs.
• Copyrighted media such as music or videos are found to be distributed without the copyright owner’s consent.
• Illegal or un-licensed software or ‘warez’ download sites.
• A site set up to function as an open http proxy.
• Large amounts of unsolicited email (SPAM) are sent using a customer’s SMTP service or mail script.
• An unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources. To protect the customer, a site may be suspended in order to verify that this resource spike is legitimate.
• A hacked script or otherwise compromised site is discovered. This condition usually results in one or more of the above conditions.
Some of our competitors do not require their customers to comply with such conditions. If any of our existing or potential customers are unwilling or unable to comply with these conditions, we respectfully invite them to visit one of our competitors.
Web, FTP, Publishing Content Policies
Provider does not allow any of the following content, or links to such content, to be published on Graphic Solutions Baja’s Hosting Systems:
• Content of a pornographic, sexually explicit, or violent nature.
• “Hate” sites or content that could be reasonably considered as slanderous or libelous.
• Content of an illegal nature (including stolen copyrighted material).
• Pirated software sites.
Customers posting any of the above content on their sites will be notified using Customer’s current email address on file, and may be suspended or given a time frame to take corrective actions. If no corrective actions are taken, Provider will suspend the services of the hosting account until a resolution is met between Provider and Customer. A repeated violation of this Policy may cause cancellation of service without refund of any fees.
Provider offers generous amounts of disk space, and network bandwidth. Customer is not permitted to knowingly allow another website or hosting server to link to content files stored on Provider’s servers.
Email Usage Policies
Graphic Solutions Group does not support unsolicited email messages sent by Customers of our system (also known as junk email or SPAM). Customers sending unsolicited email messages from our system, or through other systems with messages referencing their website, will have all of their services temporarily suspended. They will then be contacted by Graphic Solutions Group and informed of the suspension before having their services reinstated. A repeated violation may cause cancellation of service without refund of any fees.
Excessive hosting service striping
Referred to herein as “excessive striping”. This describes the condition where a customer attempts to use 2 or more hosting services, stored with duplicate content, in order to collect an excessive allocation of overall bandwidth, disk space, GPUs, or other resources for the purpose of avoiding overage fees on a single service plan. An excessive striping condition may also be achieved by closing services before their resource limits are reached then opening a new service with nearly identical content to use its bundled resources. Content and resource striping is generally permitted only on load-balancer enabled products and products which feature consolidated bandwidth billing. Any other form of content striping will be considered excessive and may result in a service suspension.
Customers found using our system for illegal activities, including but not limited to breaking in to remote systems, credit card fraud, theft, vandalism, threats, or violence, will have their accounts immediately canceled without refund of any fees.
Hostnames, IP Addresses
Provider will remain the sole owner of all IP network addresses within the Provider’s network. Customer shall not knowingly modify any TCP/IP configuration that will conflict, or otherwise disrupt network service by using configurations not allocated to Customer by Provider. Best effort will be taken to maintain permanency of customer’s allocated IP address, however Provider reserves the right to change customer’s underlying IP network address during upgrades, security provisioning, or any other network migration service.