G4 Systems Acceptable Use Policy ("AUP")
is provided to give our customers and users a clear understanding
of what G4 Systems expects of them while using the service.
All users of G4 Systems services: those who access some of
our Services but do not have accounts, as well as those who
pay a service fee to subscribe to the Services, must comply
with this AUP and our TOS (Terms of Service). Use of G4 Systems
Service constitutes acceptance and agreement to G4 Systems
AUP as well as G4 Systems TOS (Terms of Service)
Acceptable Use
G4 Systems services may only be used for lawful purposes.
Transmission of any material in violation of International,
Federal or State regulation is prohibited. This includes but
is not limited to: material legally judged to be threatening
or obscene, or material protected by trade secret laws.
If you are found in violation of the G4 Systems Hosting Acceptable
Use Policy and Terms of Use. Your account will be terminated
without notice and you will forfeit all of the moneys that
have been paid to G4 Systems.
Examples of content that is not acceptable on G4 Systems Servers:
"Pirated software" or "Warez", "Hacker
programs and/or archives", "IRC Bots", "Gambling
Related","Copy righted Mp3's", cgi-based message
boards.
You specifically agree to indemnify and hold
G4 Systems harmless from any claims resulting from a breach
of these terms, and/or their use of the service, which damages
another.
Warez - Includes pirated software, ROMS, emulators, phreaking,
hacking, password cracking. IP spoofing, etc., and encrypting
of any of the above. Also includes any sites which provide
"links to" or "how to" information about
such material.
Adult Sites
We don't allow any sort of adult sites .
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our
servers in any of its many forms including, but not limited
to: bots and IRC servers. Chat rooms may be allowed on per
use basis, so please ask one of our support staff before setting
one up. (Some cgi/perl based chat rooms over utilize the server
processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server
and we shall have no liability for any loss or damage to any
data stored on the Server.
You shall effect and maintain adequate insurance
coverage in respect of any loss or damage to data stored on
the Server. You represent, undertake and warrant to us that
you will use the Web Site allocated to you only for lawful
purposes. In particular, you represent, warrant and undertake
to us that you will not use the Server in any manner which
infringes any law or regulation or which infringes the rights
of any third party, nor will you authorize or permit any other
person to do so.
You shall not post, link to or transmit:
(a) Any material, which is unlawful, threatening, abusive,
malicious, defamatory, blasphemous, profane or otherwise objectionable
in any way. (b) Any material containing a virus or other hostile
computer program. (c) Any material which constitutes, or encourages
the commission of, a criminal offence or which infringes any
patent, trade mark, design right, copyright or any other intellectual
property right or similar rights of any person which may subsist
under the laws of any jurisdiction.
You shall keep secure any identification,
password and other confidential information relating to your
account and shall notify us immediately of any known or suspected
unauthorized use of your account or breach of security, including
loss, theft or unauthorized disclosure of your password or
other security information.
You shall observe the procedures, which we
may from time to time prescribe and shall make no use of the
Server, which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation)
and a secure manner.
In the case of an individual User, you warrant
that you are at least 18 years of age and if the User is a
company, you warrant that the Services will not be used by
anyone under the age of 18 years.
Any access to other networks connected to
G4 Systems must comply with the rules appropriate for those
other networks.
while we will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorized users or hackers
and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and clearances
to enable you lawfully to make use of all and any intellectual
property rights through the Services, including without limitation,
clearance and/or consents in respect of your proposed domain
name.
Service Availability
We shall use our reasonable endeavors to
make available to you at all times the Server and the Services
but we shall not, in any event, be liable for interruptions
of Service or down-time of the Server.
We shall have the right to suspend the Services
at any time and for any reason without notice, but if such
suspension lasts or is to last for more than 30 days you will
be notified of the reason.
The Services provided to you hereunder and
your account with us cannot be transferred or used by anyone
other than you. No more than one login session under any one
account may be used at any time by you. User programs may
be run only during login sessions. If your account is found
to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right
to cancel the account and terminate the Services and/or this
Agreement immediately.
Termination We can not stress this enough
the following sites are prohibited: hate, warez, illegal anything,
illegal content, software trading, download libraries, chat
room programs, internet search engines, copyright infringement,
trademark infringement, bulk emailing, unsolicited emailing,
newsgroup spamming, spam, spam related products and/or "anything
else determined by us to be unacceptable use of our Hosting
Services servers including abuse of server resources will
be grounds for immediate termination of service without notice"
are expressively forbidden and sites containing banned materials
are subject to immediate termination without refund.
Without in any way limiting our (G4 Systems)
rights. If a site violates these terms in any way, shape,
or form, the site will be deleted from our network. If 2 violations
occur within a 90 day period the site will be blocked from
our network. Our warning schedule is below. First Warning
When you (or your clients) upload illegal content you (or
your clients) are knowingly violating the terms of service.
Therefore there is no need for a first warning. When you upload
illegal files which violate these terms you know what you
are doing is against our policies. Second Warning There is
no second warning, the domain is deleted. You may recreate
the domain, however if illegal content is found on this domain
again the domain will be blocked from our servers. Questionable
Situations If we find content that is questionable and may
or may not violate the terms of service we will contact you.
An example of a situation like this is a band hosting their
own music on our servers. However, you can avoid this step
if you notify us. If you are a band or if you are planning
to upload a large amount of files that are questionable please
notify us before you upload so we are aware of the situation.
This will keep everyone happy.
if you fail to pay any sums due to us as
they fall due, we may suspend the Services and/or terminate
this Agreement forthwith without notice to you.
if you break any of these terms and conditions, we may terminate
this Agreement forthwith upon written notice.
if you are a company and you go into insolvent
liquidation or suffer the appointment of an administrator
or administrative receiver or enter into a voluntary arrangement
with your creditors, we shall be entitled to terminate this
Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and
to remove all data located on it. We shall be entitled to
delete all such data but we may, at our discretion, hold such
data for such period as we may decide to allow you to collect
it at your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled
to post such notice in respect of the non-availability of
your Web Site as we think fit. Accounts may be cancelled by
the user with a 7 day notice. 247NetHosting reserves the right
to cancel any account with or without notice..
Legal
G4 Systems expects that its subscribers who provide Internet
services to others will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate G4 Systems
policy. Finally, G4 Systems wishes to emphasize that in signing
the service agreement, subscribers indemnify G4 Systems for
any violation of the service agreement, law, or G4 Systems
policy, that results in loss to G4 Systems or the bringing
of any claim against G4 Systems by any third-party. This means
that if G4 Systems is sued because of a subscriber's or customer
of a subscriber's activity, the subscriber will pay any damages
awarded against G4 Systems , plus costs and reasonable attorneys'
fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating
to the Services supplied under this Agreement, whether imposed
by statute or operation of law or otherwise, that are not
expressly stated in these terms and conditions including,
without limitation, the implied warranty of satisfactory quality
and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract,
tort, negligence or otherwise arising out of or in connection
with the provision of the Services shall be limited to the
charges paid by you in respect of the Services, which are
the subject of any such claim.
In any event no claim shall be brought unless you have notified
us of the claim within 6 months of it arising.
In no event shall we ever be liable to you
for any loss of business, contracts, profits or anticipated
savings or for any other indirect or consequential or economic
loss whatsoever.
Notices
Any notice to be given by either party to
the other may be sent by either email, fax or recorded delivery
to the address of the other party as appearing in this Agreement
or ancillary application forms or such other address as such
party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary
is proved be deemed to be received on the day it was sent
or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following the
date of posting.
Payment
All payments must be in US Dollars. PayPal and Credit Card
(Visa, MasterCard, American Express and Discover) is currently
the method of payment used by G4 Systems. We do also accept
Check and Money order. Please contact us to pay via money
order or paypal.
All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to
time by us on our web site and shall be due and payable in
advance of our service provision.
Without prejudice to our other rights and
remedies under this Agreement, if any sum payable is not paid
on or before the due date, we shall be entitled forthwith
to suspend the provision of Services to you.
Headings
Headings are included in this Agreement for convenience only
and shall not affect the construction or interpretation of
this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between
us relating to the subject matter covered and supersede any
previous Agreements, arrangements, undertakings or proposals,
written or oral: between us in relation to such matters. No
oral explanation or oral information given by any party shall
alter the interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not relied
on any representation other than those expressly stated in
these terms and conditions and you agree that you shall have
no remedy in respect of any misrepresentation, which has not
been made expressly in this Agreement. Misuse Of Resources
Including but not limited to employing applications
which consume excessive CPU time. Chat/IRC, web proxy and
mailing list scripts are not allowed on our network under
any circumstances. Streaming media can be a drain on web server
resources and as such is not allowed. CGI based message forums
which use flat file databases are often found to use excessive
system resources, to avoid disappointment please use a PHP/ASP
message forum.
If you are unsure about content you intend to place on our
network, please check with us before you do. We reserve the
right to determine what constitutes acceptable use. We may
amend these terms of service with or without notice.
You are responsible for any domains that
are placed onto our servers.
We do reserve the right to edit the terms of service at any
time with or without notice.
If you have any questions please e-mail us at info@g4sys.com
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