PLEASE READ
THIS AGREEMENT CAREFULLY.
BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN
CLIENT AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE
SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE
AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN
THIS AGREEMENT, INCLUDING COMPANY'S USAGE POLICY. YOUR
USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
ACCEPTABLE USE POLICIES
PROHIBITED SERVICES
The following content and activities may not be displayed
or promoted by CLIENT nor associated in any way with CLIENT's
account or GRASPRO DIGITAL's services. GRASPRO
DIGITAL shall be the sole arbiter as to what
constitutes violation of this provision.
* Transmission, storage, or presentation of any information,
data or material in violation of any United States Federal,
State or local law.
* Copyrighted material used without permission.
* Material or activities judged by GRASPRO DIGITAL to be threatening,
obscene, disparaging, or hate-related.
* Material protected by trade secret or other statute.
* Pornography, nudity, erotica, and sex-related merchandising,
including sites that may infer sexual content, or link
to adult content elsewhere.
* Content that promotes any illegal or prohibited activity.
* Content that may be damaging to GRASPRO DIGITAL's servers or
to any other server on the Internet.
* Pirated software (warez).
* IRC, IRC Bots, IRC BNC, etc.
* Promotion or sale of unsolicited or bulk e-mail (SPAM)
software or services.
* Unsolicited or bulk e-mail or newsgroup posts (SPAM)
which references and/or is traceable to GRASPRO DIGITAL and/or
any CLIENT in any way.
* Illegally distributed MP3, Music media.
* Harassing, annoying, or otherwise interfering with any
person's, group's, or organization's use or enjoyment
of the Internet experience.
* Links or reference to any of the above etc.
UNSOLICITED E-MAIL (SPAM)
GRASPRO DIGITAL's servers may not be the source, intermediary,
or destination address involved in the transmission of
unsolicited bulk e-mail (UBE), unsolicited commercial
e-mail (UCE), spam, off-topic newsgroup posts, flames,
or mail bombs. CLIENT's domain may not be referenced or
traceable in any way as a result of any of the above.
GRASPRO DIGITAL reserves the right to refuse and/or cancel service
to known spammers. GRASPRO DIGITAL reserves the sole right to
determine what constitutes violation of this provision.
SPAM is any unsolicited e-mail, post,
or facsimile in the newsgroup, e-mail, fax, or other electronic
medium. Any unsolicited commercial email (no matter how
relevant or important it may be) is spam; any unsolicited
bulk email (commercial or not) is also spam. Mass and
unsolicited are not concurrent conditions for spam. One
and/or the other is sufficient. In the medium of newsgroups,
spam is considered to be any off-topic posting and/or
any identical posting to multiple newsgroups.
Any spam complaints received about CLIENT domains are
addressed seriously. After investigation, if it is deemed
by GRASPRO DIGITAL that spamming practices have indeed
been utilized on GRASPRO DIGITAL's servers, GRASPRO DIGITAL
reserves the right to terminate a domain account immediately
with no refund and to assess a $500 penalty per spam incident.
CLIENT expressly accepts GRASPRO DIGITAL's
right to assess this penalty and agrees to its assessment
and payment.
* Clarification
on UCE and UBE. Unsolicited commercial
e-mail is, simply put, sending an email to someone
you don't personally know or a company you don't have
a relationship with. If you come upon e-mail addresses
in a web site you visit, the simple existence of an e-mail
address in a web-site does not imply acceptance of unsolicited
commercial e-mails. A request for link reciprocation is
just that, unsolicited and commercial. Unless, of course,
a working relationship already exists between you and
the other party. Unsolicited bulk e-mail
is the sending of UCE to more than one recipient at a
time.
SERVER ABUSE
Any attempts to undermine or cause harm to any server
is strictly prohibited. This includes, but is not limited
to attempting to gain access to password files other than
your own, attempting to gain unauthorized access to other
accounts on your server, or anything that causes server
malfunction. Failure to comply is subject to immediate
account deactivation without refund.
Please note that while CGI/PERL scripts and/or msSQL/mySQL
code can unintentionally cause server malfunction, GRASPRO
DIGITAL will make the final determination if the code
was maliciously programmed. If the code was programmed
incorrectly but not out of apparently malicious intent,
GRASPRO DIGITAL will disable the program, but not cancel
CLIENT's account.
SECURITY
GRASPRO DIGITAL implements the latest technology for providing
a secure and encrypted environment for information protection.
There is no guarantee that the information on the Internet
is absolutely secure and may never be destroyed. CLIENT
agrees to indemnify and hold GRASPRO DIGITAL harmless in case
of information loss or loss of privacy.
GRASPRO DIGITAL is not responsible for any damages arising from
CLIENT’s use of or by CLIENT’s inability to
use the server, web hosting packages, or any other services
for any reason.
GRASPRO DIGITAL shall make every reasonable effort to protect
and backup data for CLIENT on a regular basis. GRASPRO DIGITAL
is not responsible for CLIENT’s files. CLIENT is
solely responsible for their independent backup of data
stored on GRASPRO DIGITAL’s server and network.
GRASPRO DIGITAL is not liable for and does not guarantee
the protection or privacy of electronic mail or information
transferred through the Internet or any other public network.
Internet Protocol
(IP) Address Ownership
If Company assigns CLIENT an Internet Protocol (“IP”)
address for CLIENT's use, the right to use that IP address
shall belong only to Company, and CLIENT shall have
no right to use that IP address except as permitted by
Company in its sole and absolute discretion in connection
with the Services, during the term of this Agreement.
Company shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to
CLIENT by Company, and Company reserves the right to
change or remove any and all such Internet Protocol numbers
and addresses, in its sole and absolute discretion.
ACCURATE SIGNUP
DATA & CONTACT INFORMATION
CLIENT acknowledges that willfully providing inaccurate
information or willfully failing to update information
promptly will constitute a material breach of this Agreement
and will be sufficient basis for cancellation of CLIENT's
domain name registration. (In addition, under certain
federal laws, such provision of inaccurate or false information
is one factor in determining whether CLIENT may have violated
the trademark rights of another party in registering a
domain name confusingly similar to such party's trademark.)
CLIENT is responsible for notifying GRASPRO DIGITAL in
writing of changes in its contact information. In addition,
CLIENT agrees that CLIENT's failure to respond for over
fifteen (15) calendar days to inquiries by GRASPRO DIGITAL
concerning the accuracy of contact details associated
with CLIENT's registration shall constitute a material
breach of this Agreement and will be sufficient basis
for cancellation of CLIENT's domain name OR hosting service.
CANCELLATION POLICY
CLIENT bears all responsibility for ensuring effective
cancellation of CLIENT account. This responsibility includes
providing effective and verifiable notification to GRASPRO
DIGITAL of CLIENT's desire to cancel an account. This
responsibility shall not be waived or modified by GRASPRO
DIGITAL or CLIENT in any way at any time subsequent to
the submission by CLIENT of an application for GRASPRO
DIGITAL account. GRASPRO DIGITAL will act immediately
to implement CLIENT's cancellation notice, providing the
terms of this cancellation policy have been followed.
GRASPRO DIGITAL must receive CLIENT cancellation at least 24
hours prior to the anniversary date of CLIENT domain’s
activation in order to avoid monthly hosting charges.
All credit card charges or billing will cease immediately
upon receipt of notice of cancellation. Accounts may be
cancelled by emailing or telephoning GRASPRO DIGITAL's sales
department. E-Mail cancellations must be from the contact
e-mail address CLIENT registered at the time of account
setup. If that e-mail account is no longer available,
CLIENT must provide the original account password. Telephone
cancellations need to have their original account password.
All email cancellations are confirmed by email by GRASPRO DIGITAL
within 24 hours of receipt. If CLIENT does not receive
confirmation, cancellation can not be assumed to have
been effected. It is CLIENT's responsibility to ensure
that a cancellation confirmation is forthcoming from GRASPRO DIGITAL.
The purpose of requiring confirmation of cancellation
is to protect both CLIENT and GRASPRO DIGITAL from inaccurate
claims of cancellation and notification.
If CLIENT has a balance due at the time of cancellation,
this balance must be paid in full. Cancellation does not
absolve CLIENT of any outstanding financial obligations.
GRASPRO DIGITAL does not monitor account usage or the status
of domain name records on GRASPRO DIGITALS servers. If CLIENT
transfers CLIENT domain without notifying GRASPRO DIGITAL of
a desire to cancel the account, CLIENT will continue to
be charged/billed, even if GRASPRO DIGITAL learns that CLIENT
domain has been transferred. GRASPRO DIGITAL's services are independent
of account usage and domain name records, and are still
in effect whether CLIENT domain is pointing to GRASPRO DIGITAL's
nameserver or to some other nameserver.
GRASPRO DIGITAL reserves the right, in its sole discretion,
to suspend (temporarily disable) or cancel the CLIENT’s
account(s) without further warning upon any indication
of delinquent payments, or if the terms and conditions
outlined herein are violated, or if CLIENT’s account
causes any kind of network or server problem and/or disturbances.
