1.Ordering:

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).