All agreements made with G-Rock Productions fall under the TOS of G-Rock Productions Hosting.
Please
read the following Terms Of Service agreement before proceeding, then
continue ordering. These policies to are designed to protect the best interests
of our customers as a whole.
G-Rock Productions
policy is to act as a neutral provider of access to the global Internet. We
reserve the right to suspend or cancel a customer's access to any or all
services provided by us if it is decided that the account has been
inappropriately used.
G-Rock
Productions
is a web presence provider allowing a client's web site to be accessed via the
client's domain name
(i.e
theirname.com) by anyone with access to a web browser connected to the Internet.
G-Rock
Productions
provides the disk space in which the files composing client's web site reside
and a connection capable of transmitting said files to End User. Said services
are often referred to as "Web Hosting."
G-Rock
Productions
only handles the registration process for Client's domain name if specifically
requested by the client.
G-Rock Productions
in no way holds any responsibility for payment of fees required by ICANN for
Client's domain name, expect per section 14 of these policies. Client agrees to
pay all charges requested by ICANN accredited registrars who will bill client
separately without any contact with
G-Rock Productions
Any products and services to be provided to Client will be at a professional
level of quality conforming to generally accepted industry standards and in
compliance in all material respect with all applicable laws and regulations.
Except as otherwise expressly provided in this agreement,
G-Rock
Productions
does not make, and hereby disclaims any and all other warranties, expressed or
implied including any and all warranties of merchantability or fitness for a
particular purpose.
Any and all
parts of this TOS are considered a contract between G-Rock Productions
and the original client. This contract will become null and void if said client
sells or relinquishes his/her ownership of said product. If this situation
arises the new owner will be responsible for a new agreement/contract with
G-Rock Productions.
Payments or agreements made previous are not transferable.
2. Authorization of Charges
Client authorizes
G-Rock Productions
to charge credit card supplied by Client per month. If Client requests
additional storage space Client authorizes
G-Rock
Productions
to charge an additional price listed by
G-Rock Productions.
If verification of Client's supplied credit card information fails requested
charge by Trouble Free for initial annual fees or for any of the annual fees
thereafter
G-Rock Productions
reserves the right to refuse, suspend, or cancel service pending
G-Rock
Productions
receipt of valid credit card information from Client. Client agrees to notify
G-Rock
Productions
of any changes to Client's credit card information.
3. Content Restrictions
All services provided by
G-Rock Productions
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 local law is strictly prohibited. This includes but is not limited to
copyright or trademarked material and material protected by trade secret.
Sites that promote any illegal activity, such as warez sites, are prohibited on
non-adult servers. Actual files, including but not limited to pirated software,
hacker programs, cracks, and MP3 files, are strictly prohibited from being
stored on any
G-Rock Productions
Host's servers.
Examples of unacceptable content include, but are not limited to the following:
Pirated software, Hacker programs or archives, illegal MP3 files or archives,
Copyrighted Movies.
IRC servers are strictly prohibited.
G-Rock
Productions
reserves the right to remove any material from Client's web space that is deemed
unacceptable by us.
G-Rock Productions
reserves the right to terminate Client's account without refund at our
discretion if said material is discovered.
G-Rock
Productions
is the sole arbiter as to what constitutes a violation of the above provisions.
3.b
3.b is only applicable to reseller accounts. No site may use more than 15% of
the total server output at any given time.
4. CGI/PHP Application Restrictions
Section 4 is only applicable to reseller accounts. The Client is allowed to
freely install CGI/PHP applications. However,
G-Rock
Productions
reserves the right to disable any application that unreasonably effects or
interferes with normal server operations. Said situation is highly unlikely.
5. Spam Policy
G-Rock
Productions
servers may not be the source, intermediary, or destination address involved in
the transmission of Spam, Spam-ware and other Spam Software, flames, or mail
bombs. Client's domain or IP may not be referenced as originator, intermediary,
or reply-to address in any of the above.
G-Rock
Productions
considers Spam to be any mass unsolicited message in the mediums of newsgroups
and e-mail.
The actions stated above will not be tolerated. Violation will result in the
immediate deactivation of services without refund of any kind. Furthermore, a
fine of one hundred (100) US dollars will be imposed for each spam policy
violation.
G-Rock Productions
is the sole arbiter as to what constitutes a violation of the above provisions.
6. Server Abuse
Any attempt to undermine or cause harm to a
G-Rock
Productions
server or another
G-Rock Productions
Client is strictly prohibited.
Any attempt to undermine any
G-Rock Productions
site or a web site of another
G-Rock Productions
Client is strictly prohibited and may result in immediate termination of
services rendered by
G-Rock Productions
without refund.
G-Rock Productions
is the sole arbiter as to what constitutes a violation of the above provisions.
A fine of two hundred (200) USD may be implemented for intentional server abuse.
6.b %CPU Usage Abuse for all public servers.
Public servers must balance the load for all clients to experience the same
quality hosting.
Average
%CPU
usage ranges from less then %1 up to %5. Sites using more then %10 Daily usage
will be warned of their usage abuse. If their site continues to use more then
%10 for more then a 10 day period an additional $10.00/mth fee will be charged
till their site load usage is less then %10 again. Any sites using more then %20
will be asked to purchase a dedicated server or find a new host.
7. Indemnification
Client agrees that it will defend, indemnify, and hold harmless
G-Rock
Productions
from any and all demands, fines, liabilities, losses, costs, claims, and
expenses, including attorney's fees, asserted against
G-Rock
Productions,
its employees, officers, agents, and directors that may arise or result from any
service provided or performed, or agreed to be performed, or any product sold by
Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless
G-Rock
Productions
against any liabilities, including but not limited to, those arising out of (1)
any injury to person or property caused by any product sold or service rendered
or otherwise distributed in connection with
G-Rock
Production's
servers; (2) any material supplied by the Client infringing upon or allegedly
infringing upon the proprietary rights of a third party; (3) copyright
infringement; and (4) any defective products sold to the Client's customer from
G-Rock
Production's
servers.
G-Rock
Productions
assumes no liability of the Client for failure to follow this Agreement and any
results caused by the acts, omissions or negligence of the Client,
sub-contractor or an agent of Client or an employee of any one to them,
including, but not limited to, claims of third parties arising out of or
resulting from or in connection with the Client's products, messages, programs,
caller contracts, promotions, advertising, infringement or any claim for libel
or slander or for violation of copyright, trademark or other intellectual
property rights.
8. Disclaimer
G-Rock
Productions
will not be held responsible for any damages you or your business may suffer.
G-Rock
Productions
makes no warranties of any kind, expressed or implied, for services rendered.
G-Rock
Productions
disclaims any warranty or merchantability or fitness for a particular purpose.
G-Rock
Productions
assumes no liability for disruptions or improper operation of its equipment or
software for any reason, including, but not limited to, vandalism, theft, phone
service outages, Internet disruptions, human error, extreme or severe weather
conditions or any other causes in the nature of "Acts of God" or force majored.
G-Rock
Productions
will not be responsible for consequential damages or punitive or exemplary
damages under any circumstances. In no case will Clients be entitled to recover
damages from
G-Rock Productions.
9. Term
The term of this Agreement will continue until a notice of cancellation by
G-Rock
Productions
or Client is given, or until terminated under other provisions of this
Agreement.
G-Rock Productions
reserves the right to terminate this Agreement with cause upon notification to
the Client.
G-Rock Productions
may further terminate this Agreement immediately without notice at any time the
Client breaches any part of this Agreement, or if any program or facility used
by G-Rock
Productions
to implement this Agreement is disrupted or terminated for any reason.
9.b
These policies can be modified or changed at any time by
G-Rock
Productions
with or without prior notice to client. In most cases
G-Rock
Productions
will inform client of any major policy changes.
9.c
G-Rock
Productions
has the right to choose payment method.
G-Rock Productions
accepts all Credit Cards and Pay-Pal. Any other form of payment is decidable by
G-Rock
Productions.
If amount due to
G-Rock Productions
can not be paid by these forms of payment,
G-Rock
Productions
will not be held liable and may hold all services and assets under customers
accounts up to the amount owed to
G-Rock Productions,
Including but not limited to Dedicated Servers, Reseller Hosting, Hosting and
Domains.
9.d
Any reseller accounts will automatically be on a quarterly contract. If the client decides to end their reseller’s account any remaining months of payment up to 3 months will be the clients responsibly to pay to G-Rock Productions.
9.e
If a client using normal hosting plans decides to end their hosting with G-Rock Productions 1 months notice must be given. If this notice is not given the client will still be responsible for the remaining month of payment. If any advance payments have been made for hosting and have not been utilized at time of cancelling said payments will not be refundable.
9.f
Any dedicated server accounts will automatically be on a quarterly contract. If the client decides to end their dedicated server account any remaining months of payment up to 3 months will be the clients responsibly to pay to G-Rock Productions.
9.g
Dedicated
server clients
beyond their first month who chooses to end their dedicated server agreement are
responsible for a one months notice of cancellation. If they do not give the one
month notice they will still be responsible for the payment of said server for
one more month. Dedicated server clients that choose to end their agreement with
G-Rock
Productions
within the first month waive their right to a refund. If due to circumstances
that
G-Rock Productions
finds it applicable to issue a refund (exp. Server did not meet the needs of the
client due to no fault of their own)
G-Rock Productions
will charge a $75.00 set up fee and a prorated amount per each days use.
9.h
Upon notification of cancellation, moving to another server without notice, or failure to pay within the prescribed timeframe of the late notice, the client forfeits any payments made to G-Rock Productions for hosting or web design. Clients wishing to reobtain hosting after this breach will responsible for all fee's of their prior account (if any), and also must start with a new account paying any fee's prescribed to them as if they were a "NEW CLIENT".
10. Presumption of Agreement
By signing up with
G-Rock Productions,
be it using
G-Rock Productions
online
sign up form or contacting in any way an employee, officer, agent, and director
with request for
G-Rock Productions
to provide Client services, Client (1) authorizes
G-Rock
Productions
to take the actions necessary in order to setup Client's account, including
charging credit card supplied by Client at time of sign up; and (2) agrees to
each and every provision set forth in this Agreement and shall hold to said
Agreement in the court of law.
11. Default
In the event Client defaults in any provision or fails to perform pursuant to
this Agreement,
G-Rock Productions
will be entitled to damages, costs, and attorney's fees from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so
determined by a court of competent jurisdiction, will not affect the other
provisions hereof, and in any such occasion this Agreement will be construed in
all respects as if such invalid or non-enforceable provision were omitted. This
agreement constitutes the entire agreement between the parties hereto.
13. Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the
State of NJ and the venue for any action, dispute or proceeding with respect to
this Agreement will be NJ
Captions.
The captions in this Agreement are for convenience only and will not be used in
interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
G-Rock
Productions
may make amendments or modifications to this Agreement at any time. Whenever
practical,
G-Rock Productions
will notify Client of changes to this Agreement.
Clients are responsible for frequently backing up their files on our system.
G-Rock
Productions
cannot be held responsible for the deletion of users' files, whether intentional
or unintentional.
14. Domain Agreement
G-Rock Productions may provide new top-level domain name for new clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client while client remains hosted at G-Rock Productions The client is responsible for renewing domain name by contacting the sales department. Should client decide to switch hosting providers, client agrees to pay for all fees included in transferring ownership of their domain name when applicable.
15. Privacy Policy
G-Rock Productions will not under any circumstances give out information to a 3rd party with or without the clients consent. This is to protect not only G-Rock Productions but the Client in an attempt to prevent fraud and or the domain information from being stolen.
16. Late Payment / Fee Agreement
G-Rock Productions late payment fees will be applied in two ways. The first is a $15.00 late fee which is applied 10 days after payment was due. The second is a %5 service fee to be applied every 30 days the payment is late. After 45 days the account will be suspended and will not be reactivated till the original payment plus any acquired late fees are paid in full.
All clients will receive late payment emails from Hosting@grock-productions.com . All clients are responsible for checking the email they provided with G-Rock Productions. We are not responsible for clients who change there email with out contacting us to update there info, or clients who don't check the email provided (or its junk bin).