By using our webhosting services, you agree to comply with our
policies. You are expected to use the Internet with respect, courtesy,
and responsibility, giving due regard to the rights of other Internet
users. We expect you to have a basic knowledge of how the Internet
functions, the types of uses which are generally acceptable, and the
types of uses which are to be avoided. Common sense is the best guide as
to what is considered acceptable use. The following are unacceptable
uses:
Illegality in any form, including but not limited to activities such as
unauthorized distribution or copying of copyrighted software, violation
of U.S. export restrictions, harassment, fraud, trafficking in obscene
material, drug dealing, and other illegal activities.
Our Address: abuse@gettinconnectedhosting.com
Under Title 17, United States Code, Section 512(c)(3)(A), the
Notification of Claimed Infringement must include the following:
1. Physical or electronic signature of a person authorized to act on
behalf of the copyright owner.
2. Identification of the copyrighted work claimed to have been infringed
or a representative list if multiple works are involved.
3. Identification of the material that is claimed to be infringing that
should be removed or access to disabled and information reasonably
sufficient to enable the online service provider to locate the material
(usually a URL to the relevant page).
4. Information reasonably sufficient to allow the online service
provider to contact the complaining party (address, phone number, e-mail
address).
5. Statement that the complaining party has "a good faith belief that
use of the material in the manner complained of is not authorized by the
copyright owner, its agent or the law."
6. Statement that the information in the notice is accurate, and under
penalty of perjury, that the complaining party is authorized to act on
behalf of the copyright owner.
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD GETTIN
CONNECTED HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED
AGAINST GETTIN CONNECTED HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS
AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER,
IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY
AND HOLD HARMLESS GETTIN CONNECTED HOSTING AGAINST LIABILITIES ARISING
OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH GETTIN CONNECTED HOSTING;
(2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING
ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT
AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GETTINCONNECTED
HOSTING'S SERVER.
Disclaimer
GETTIN CONNECTED HOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR
BUSINESS MAY SUFFER. GETTIN CONNECTED HOSTING MAKES NO WARRANTIES OF ANY
KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. GETTIN CONNECTED
HOSTING DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS,
NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS
CAUSED BY GETTIN CONNECTED HOSTING AND ITS EMPLOYEES. GETTIN CONNECTED
HOSTING RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
System and Network Security
Violations of system or network security are prohibited, and may result
in criminal and civil liability. Examples include, but are not limited
to the following: unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic. Interference with
service to any user, host or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload a system and
broadcast attacks. Forging of any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup posting.
It is a violation for anyone who, including but not limited to, employs
posts or programs which consume excessive CPU time or storage space,
permits the use of mail services, mail forwarding capabilities, POP
accounts, or auto responders other than for their own account; or resale
of access to CGI scripts installed on our servers.
Tortious Conduct
No one shall post defamatory, scandalous, or private information about a
person without their consent, intentionally inflicting emotional
distress, or violating trademarks, copyrights, or other intellectual
property rights.
Spamming
Sending unsolicited mail messages, including, without limitation,
commercial advertising and informational announcements, is expressly
prohibited. A user shall not use another site's mail server to relay
mail without the express permission of the site or distributing,
advertising or promoting software or services that have the primary
purpose of encouraging or facilitating unsolicited commercial E-mail or
spam.
It is contrary to Gettin Connected Hosting’s policy for customers to use
our servers to effect or participate in any of the following activities:
To post to any Usenet or other newsgroup, forum, e-mail mailing list or
other similar group or list articles which are off-topic according to
the charter or other owner-published FAQ or description of the group or
list;
To send unsolicited mass e-mailings, if such unsolicited e-mailings
provoke complaints from the recipients;
To engage in any of the foregoing activities using the service of
another provider, but channeling such activities through a Gettin
Connected Hosting provided server, or using a Gettin Connected Hosting
provided server as a maildrop for responses;
To falsify user information provided to Gettin Connected Hosting or to
other users of the service in connection with use of a Gettin Connected
Hosting service.
When Gettin Connected Hosting becomes aware of an alleged violation of
its Acceptable Use Policy, Gettin Connected Hosting will initiate an
investigation (within 24-48 hours). During the investigation Gettin
Connected Hosting may restrict Customer's access in order to prevent
further possible unauthorized activity. If the Customer is found in
violation of our SPAM policy, Gettin Connected Hosting may, at its sole
discretion, restrict, suspend, or terminate Customer's account and/or
pursue other civil remedies. Also, Gettin Connected Hosting reserves the
right to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. If such violation is
a criminal offense, Gettin Connected Hosting will notify the appropriate
law enforcement department of such violation.
Gettin Connected Hosting does not issue service credits for any outages
incurred through service disablement resulting from Policy violations.
The Customer shall be held liable for any and all costs incurred by
Gettin Connected Hosting as a result of the customer's violation of
these terms and conditions. This is including, but is not limited to,
attorney fees and costs resulting from Postmaster responses to
complaints from and the cleanup of unsolicited commercial mailings
and/or unauthorized bulk mailings and/or news server violations. First
violations will result in a Cleanup Fee of $250 and the customer's
account will be reviewed for possible immediate termination. A second
violation will result in Cleanup Fee of $500 and immediate termination
of the customer's account. The Customer who violates this policy agrees
to also pay Investigation Fees of no more than $125 per hour that Gettin
Connected Hosting personnel must spend to investigate any violations.
Modification
Gettin Connected Hosting reserves the right to add, delete, or modify
any provision of this Policy at any time without notice. Reporting
Network Abuse Any party seeking to report any violations Gettin
Connected Hosting's policy may contact via e-mail:
abuse@gettinconnectedhosting.com
GETTIN CONNECTED HOSTING CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Gettin Connected Hosting regarding
your use of Gettin Connected Hosting's computer, interactive
information, communication and server management service. This Agreement
governs the terms and conditions under which Gettin Connected Hosting
makes the services offered by Gettin Connected Hosting available to
individual consumers through a personal computer or similar access, or
to individual consumers or small businesses in connection with the "
Gettin Connected Hosting " webhosting or similar services. Under this
Agreement, you must comply with Gettin Connected Hosting's then current
"Acceptable Use Policy," as updated from time to time by Gettin
Connected Hosting, which can be viewed at:
http://www.gettinconnectedhosting.com/acceptable_use_policy.htm
1. Gettin Connected Hosting will host an account for you, the purchaser
(hereafter referred to as the Account Holder), for the Account Holder's
chosen domain name, for the period of time (the Term) corresponding with
the payment plan chosen by the Account Holder. This contract will be
automatically renewed at the end of the Term and each successive renewal
term, unless terminated. We require notification of non-renewal with at
least 30 days notice but not more than 60 days prior to the renewal
date. To cancel your account, please send a message to
billing@gettinconnected.com with all your account information including
the reason for the cancellation. If you do not provide this notice, you
will be charged for the next terms rate. There are no refunds on a la
carte services or dedicated servers.
2. Gettin Connected Hosting's services are provided on an as is, as
available basis without warranties of any kind, either express or
implied, including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. Gettin Connected
Hosting expressly disclaims any representation or warranty that the
Gettin Connected Hosting services will be error-free, secure or
uninterrupted. No oral advice or written information given by Gettin
Connected Hosting, its employees, licensors of the like, will create a
warranty; nor may you rely on any such information or advice. The terms
of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic
services can only be used for legal purposes under all applicable
international, federal, provincial, and municipal laws. Further, the
Account Holder agrees not to store, transmit, link to, advertise or make
available any images containing graphic violence or death. Violations of
these or any other provisions of this Agreement may result in
termination of the services provided by Gettin Connected Hosting, with
or without the grant of a notice or cure period, such notice or cure
period to be granted at the sole discretion of Gettin Connected Hosting
based upon the severity of the violation. Gettin Connected Hosting
reserves the right to refuse service if any of the content within, or
any links from, the Account Holder's website is deemed illegal,
misleading, or obscene, or is otherwise in breach of Gettin Connected
Hosting's then current Acceptable Use Policy, in the sole and absolute
opinion of Gettin Connected Hosting. Notwithstanding anything in this
Agreement, the content of the Account Holder's website is the sole
responsibility of the Account Holder. The Account Holder agrees to
indemnify and hold harmless Gettin Connected Hosting from any and all
claims, losses, damages, liabilities, judgments, or settlements,
including reasonable attorney's fees, costs, and other expenses incurred
by Gettin Connected Hosting, (collectively, Claims) related to or in
connection with the content of the Account Holder's website. The terms
of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished
and the initial rates and charges have been communicated to the Account
Holder. Account Holder is aware that Gettin Connected Hosting reserves
the right to change the specified rates and charges from time to time.
5. The Account Holder agrees to follow generally accepted rules of
"Netiquette" when sending e-mail messages or posting to newsgroups.
Account Holder is responsible for security of its password. Gettin
Connected Hosting will not change passwords to any account without proof
of identification, which is satisfactory to Gettin Connected Hosting,
which may include written authorization with signature. In the event of
any partnership break-up, divorce or other legal problems that includes
Account Holder, Account Holder understands that Gettin Connected Hosting
will remain neutral and may put the account on hold until the situation
has been resolved. Under no circumstances will Gettin Connected Hosting
be liable for any losses incurred by Account Holder during this time of
determination of ownership, or otherwise. The Account Holder agrees to
indemnify and hold harmless Gettin Connected Hosting from any and all
Claims arising from such ownership disputes. The terms of this Section
will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Gettin Connected Hosting, its
reputation, computer systems, programming and/or other persons using
Gettin Connected Hosting's services. Gettin Connected Hosting reserves
the right to select the server for Account Holder's website for best
performance. The Account Holder understands that the services provided
by Gettin Connected Hosting are provided on a shared server. This means
that one website cannot be permitted to overwhelm the server with heavy
CPU usage, for example from the use of highly active CGI scripts or chat
scripts. If the Account Holder's website overwhelms the server and
causes complaints from other users, the Account Holder has outgrown the
realm of shared servers, and will need to relocate it's website. Gettin
Connected Hosting will refund any unused portion of prepaid services. If
the Account Holder refuses to comply with this Section, then Gettin
Connected Hosting has the right to terminate the services provided to
the Account Holder without any refunds of the unused portion prepaid by
the Account Holder. The Account Holder agrees to indemnify and hold
harmless Gettin Connected Hosting and any other Account Holder from any
and all Claims resulting from the Account Holder's use of the services
provided by Gettin Connected Hosting. The terms of this Section will
survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement
cannot be sold or transferred without the prior written consent of
Gettin Connected Hosting.
8. If the Account Holder sells or resells advertising or webspace to a
third party then the Account Holder will be responsible for the contents
of that advertising and the actions of that third party. Gettin
Connected Hosting has the absolute right to reject any advertising or
other third party content that is illegal, offensive or otherwise in
breach of the then current Gettin Connected Hosting Acceptable Use
Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK
MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If
the Account Holder refuses to remove any advertising or other third
party content deemed objectionable by Gettin Connected Hosting, Gettin
Connected Hosting may terminate the services being provided to the
Account Holder.
9. Gettin Connected Hosting will use its best efforts to maintain a full
time Internet presence for the Account Holder. The Account Holder hereby
acknowledges that the network may, at various time intervals, be down
due, but not restricted to, utility interruption, equipment failure,
natural disaster, acts of God, or human error. In no event shall Gettin
Connected Hosting be liable to the Account Holder for any damages
resulting from or related to any failure or delay of Gettin Connected
Hosting in providing access to the Internet under this Agreement. In no
event shall Gettin Connected Hosting be liable to the Account Holder for
any indirect, special or consequential damages or lost profits arising
out of or related to this Agreement or the performance or breach
thereof. The aggregate, total liability of Gettin Connected Hosting
under this Agreement, if any, shall in no event or circumstance exceed
the total amount actually paid by the Account Holder hereunder. The
terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and
alternative account names associated with your principal account. The
Account Holder is responsible for the use of each account, whether used
under any name or by any person, and for ensuring full compliance with
this Agreement by all users of that account. A Gettin Connected Hosting
account may not be transferred without prior written approval from
Gettin Connected Hosting. The Account Holder is responsible for
maintaining the confidentiality of his/her password. In the event of a
breach of security through the Account Holder's account, the Account
Holder will be liable for any unauthorized use of the Gettin Connected
Hosting services, including any damages resulting there from, until the
Account Holder notifies Gettin Connected Hosting's customer service.
11. If Gettin Connected Hosting assigns the Account Holder an Internet
Protocol address in connection with the Account Holder's use of the
Gettin Connected Hosting services, the right to use that Internet
Protocol address will remain with and belong only to Gettin Connected
Hosting, and the Account Holder will have no right to use that Internet
Protocol address except as allowed by Gettin Connected Hosting in its
sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account
Holder and Gettin Connected Hosting with respect to the Gettin Connected
Hosting services and supersedes all prior agreements between the Account
Holder and Gettin Connected Hosting. Gettin Connected Hosting's failure
to enforce any provision of this Agreement shall not be construed as a
waiver of any provision or right. In the event that a portion of this
Agreement is held unenforceable, the unenforceable portion will be
construed in accordance with applicable law as nearly as possible to
reflect the original intentions of the parties, and the remainder of the
provisions will remain in full force and effect. The terms of this
Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of
this Agreement in a spirit of cooperation and with a problem-solving
mindset, without formal proceedings. Any dispute, which cannot be so
resolved, shall be subject to binding arbitration upon the written
demand of either party. Arbitration shall take place in Atlanta, GA.
Should any legal action permissible under this Agreement be instituted
to enforce the terms and conditions of this Agreement, in particular the
right to collect money due on unpaid invoices, the prevailing party
shall be entitled to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels. The terms of this
Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold Gettin Connected
Hosting harmless from any and all Claims resulting from or connected
with any activities conducted by the Account Holder. The Account Holder
and Gettin Connected Hosting will promptly notify the other upon receipt
of any Claim or legal action arising out of activities conducted
pursuant to this Agreement. The rights and responsibilities established
in this paragraph will survive any termination of this Agreement.
15. Gettin Connected Hosting may include the Account Holder's name and
contact information in directories of Gettin Connected Hosting service
subscribers for the purpose promoting the use of the services by
additional potential clients. However, Gettin Connected Hosting is not
authorized to print the Account Holder's name, trademarks or other
identifying information in any other advertising or promotional
materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be
governed according the laws of the state of Georgia (excluding its
choice of law rules) and the federal laws of United States applicable
therein. The Account Holder hereby consents to personal jurisdiction in
the federal and provincial courts of Atlanta , Georgia for any action
arising out of or relating to the Account Holder's use of the Gettin
Connected Hosting services. The federal and provincial courts of Atlanta
, Georgia will have exclusive jurisdiction over all such actions. In any
such action, the prevailing party will be entitled to recover all legal
expenses incurred in connection with the action, including but not
limited to its costs, both taxable and non-taxable, and reasonable
attorney's fees. The terms of this Section will survive any termination
of this Agreement.
17. Notices required by this Agreement shall be in writing and shall be
delivered either by personal delivery or by mail. If delivered by mail,
notices shall be sent by any express mail service; or by certified or
registered mail, return receipt requested; with all postage and charges
prepaid. All notices and other written communications under this
Agreement shall be addressed to the individuals in the capacities
indicated below, or as specified by subsequent written notice delivered
by the party whose address has changed.
18. Virtual account holders can receive a refund if account is cancelled
within the initial 30 days after sign up. In order to qualify for this
refund you must have proof of problems from either our support or large
periods of downtime.
19. Gettin Connected Hosting may temporarily deny service or terminate
this Agreement upon the failure of Account Holder to pay charges when
they become due. Such termination or denial will not relieve the Account
Holder of responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
20. All accounts are subject to verification by our Billing Department.
21. Check/Money Order Payments.
A. New accounts utilizing check/money order payment will not be
activated until payment is received.
B. Returned checks will incur a $25 returned check fee.
C. Customers utilizing check/money order payment must have their check
or money order payment to us within 10 days of their rebill date.
Failure to do so will result in account suspension.
D. International customers that wish to utilize the check/money order
payment option must pay via International Money Order and payments must
be received within 10 days of their rebill date. Failure to do so will
result in account suspension.
22. Billing Information: All account billing information including email
and phone, must be valid at all times for the account to remain active.
If the billing information provided is inaccurate, 24-hour notice is
given to update the information before account suspension. If the
account holder is not available by phone (foreign accounts) or no
alternate contact email address is given, account will be suspended
immediately.
23. You agree that Gettin Connected Hosting may establish limits
concerning use of any Gettin Connected Hosting service offered on any
Gettin Connected Hosting web site, including without limitation the
maximum number of days that e-mail messages will be retained by any
Gettin Connected Hosting service, the maximum number of e-mail messages
that may be sent from or received by an account on any Gettin Connected
Hosting service, the maximum size of an e-mail message that may be sent
from or received by an account on any Gettin Connected Hosting service,
the maximum disk space that will be allotted on Gettin Connected
Hosting's servers on your behalf either cumulatively or for any
particular service. You agree that Gettin Connected Hosting has no
responsibility or liability for the deletion, corruption or failure to
store any messages or other content maintained or transmitted by any
Gettin Connected Hosting service. You acknowledge that the features,
parameters (for example, the amount of storage available to users) or
existence of any Gettin Connected Hosting service may change at any
time.
24. You agree that you will not hold Gettin Connected Inc, liable for
outages of hosting service due to the service providers of Gettin
Connected Inc. These services may not be limited to the hosting of
webpages and or email content. You agree that by reading this End User
License Agreement, that you are aware that Gettin Connected purchases
hosting services from another company for resell and therefore is not to
be held responsible for any server outages.
25. Legal Notice. Notwithstanding anything to the contrary contained in
this agreement, neither Gettin Connected nor any of its employees or
agents, warrant that the functions contained in the hosting plan will be
uninterrupted or error-free. The entire risk as to the quality and
performance of the hosting servers is with the service providers of
Getting Connected Inc.. In no event will Gettin Connected be liable to
the Client or any third party for any damages, including, but not
limited to, service interruptions caused by Acts of God, the Hosting
Service or any other circumstances beyond our reasonable control, any
lost profits, lost savings or other incidental, consequential, punitive,
or special damages arising out of the operation of or inability to
operate this hosting plan, failure of any service provider, of any
telecommunications carrier, of the internet backbone, of any internet
servers, your or your site visitor's computer or internet software, even
if Gettin Connected has been advised of the possibility of such damages.