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POLICIES &
Terms of Use and Service
The Basics (in
plain English):
Website
development and maintenance
Terms of
payment (other than website development)
Non payment
and Collections
Acceptance
of Proposal for Development and Hosting The Legal Version:
(for all
accounts) Global Internet Business Solutions, Inc. (GIBS, Inc.) has
certain ethical, legal and moral responsibilities consisting with the use
of its servers and equipment involved in the services of web site hosting,
marketing and design. GIBS, Inc. reserves the right to suspend, deny or
cancel a customer's access to any or all services provided by GIBS, Inc.
whenever GIBS, Inc. decides the services it has rendered have been
inappropriately used. If GIBS, Inc. determines the client has violated any
of GIBS, Inc. policies and cancels the clients service, the client may or
may not receive a full or partial refund of monies paid for hosting
services at GIBS, Inc. sole discretion. Setup fees are never refunded for
any reason. Web Site Content Provisions: (for all accounts) All services provided by GIBS, Inc. and its underlying service providers 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 city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statutes. The subscriber agrees to indemnify and hold harmless GIBS, Inc. from any claims resulting from the use of the service which damages the subscriber or any other party. Note: Pornography and sex-related merchandising are prohibited on any GIBS, Inc. server. This includes sites that may infer sexual content or link to adult content elsewhere. GIBS, Inc. will be the sole arbiter as to what constitutes a violation of this provision. GIBS, Inc. also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory. GIBS, Inc. will not host warez sites or anything related to, promoting, or offering warez, serial numbers, cracks, illegal mp3's or anything else that would considered illegal by the laws governing the citizens of the United States and the state of Oregon. Web Traffic Stipulations: (for virtual accounts) Our intention is to provide a large storage space to serve web documents, not an off-site storage area for electronic files. For virtual hosting accounts, all web pages (HTML) must be 'linked' with files (.GIF, .JPEG, etc.) that are stored on GIBS, Inc. or its underlying service providers' servers. Virtual hosting web accounts that are found to contain either/or no HTML documents or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of our administration. Virtual hosting (not dedicated or Co-located) customers are not allowed to have large archives of files which would be downloaded freely by others, i.e. shareware archives unless prearranged with GIBS, Inc. Any files that need to be downloaded to be viewed fall under the category of FTP transfer. Metered traffic applies to standard HTML pages and standard graphics like .gif and .jpg. Other files types such as .zip, .mp3 etc... are subject to a 3gb/month bandwidth limit. Extra bandwidth is available at an additional charge to be determined by GIBS, Inc. based on the file type and bandwidth transferred. As a note, over 85% of our clients never exceed even 500 megs of total FTP and web page transfer combined, so you can be assured that our bandwidth is not choked by numerous 'load-heavy' sites. To further protect the integrity of our service, any individual site consistently using 20% or more of the system's resources will be assessed additional charges accordingly. Unmetered IP Stipulations: (Applies to dedicated and co-location customers only, does not apply to virtual accounts.) All IPs that are assigned to GIBS, Inc. customers must be used under the authorized use stipulations within 24 hours of being assigned the IP. Authorized use stipulations are taken from ARIN, the organization that manages IPs. There are to be no unused IP's on GIBS, Inc. networks, except those in reserve for GIBS, Inc. to assign its customers on an as needed basis. Customers are only allocated IPs that they will use within 24 hours. Customers are not allowed to keep IP's in reserve. 30 Day Money Back Guarantee: All virtual plans (this does not include dedicated and co-located plans) come with a 30 day money back guarantee. If you are not completely satisfied within the first 30 days, your monthly rental will be refunded. GIBS, Inc. does not refund setup fees. 30 day money back guarantee does not apply to spammers (unsolicited emailers legal or not), adult sites, or server abusers. Any account on GIBS, Inc. servers that is caught spamming (sending any unsolicited email legal or not), violating any of GIBS, Inc. hosting policies, or abusing the server in any way will automatically forfeit the right to any refunds of any monies. Background-running Programs: (for virtual accounts) We may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed. Commercial Advertising and Unsolicited Email: (for all accounts) Spamming, or the sending of unsolicited email, from a GIBS, Inc. server or using/referring to an email address or website that is maintained or hosted on a GIBS, Inc. machine or the machine of any of its underlying service providers, in this manner is strictly prohibited. We do not allow misuse of our mailing lists either. This includes sending any unsolicited e-mail. Mailing lists are an invaluable business tool and thus should be used appropriately. GIBS, Inc. and its underlying service providers will be the sole arbiters as to what constitutes a violation of this provision. Server Abuse Issues: (for all accounts) Any attempts to undermine or cause harm to GIBS, Inc. servers or the servers of its underlying service providers or a customer of GIBS, Inc. or its underlying service providers is strictly prohibited. Any sub-networks or re-seller networks of GIBS, Inc. must adhere to all of these policies. Right To Refuse Service and Cancel Accounts (for all accounts) GIBS, Inc. reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at anytime, for any reason, other than those stated specifically in this policy statement, with 30 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice. Communication (for all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancellation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice. We do have a toll free number for customers to call. Technical Support (for all accounts) Technical Support is available 24/7/365 from our website under the FAQ section and under the Users Guide. Email technical support is available at support@gibsoluitons.com. For all virtual and non-virtual accounts, tech support covers connecting to the server, setup, email, path, uploading files issues and more but does dot included troubleshooting and editing your perl or other scripts or databases. For dedicated accounts, tech support is limited to initial setup, and thereafter only network related issues - the dedicated account holder must be or have someone be the sysadmin for their computer. GIBS, Inc. can support and admin your computer but that service is not included in the price of the dedicated server. For information on what it would cost to have GIBS, Inc. be the sysadmin on your dedicated server, contact us at support@gibsolutions.com. For all Co-Located computers, tech support is limited to initial setup and thereafter network problems only. The Co-Located account holder must be or have someone be the sysadmin for their computer. GIBS, Inc. can support and admin your computer but that service is not included in the price of the Co-Located server. For information on what it would cost to have GIBS, Inc. be the sysadmin on your Co-Located server, contact us at support@gibsolutions.com. Deactivation (for all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees for that month's service will not be returned to the customer. Fees for the entire month are due if the account is active one day during that month. If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10-day notice of cancellation by e-mail. GIBS, Inc. reserves the right to make any changes to its policies and Hosting plans, pricing, and features offered at any time as necessary and in no way implies fitness of purpose warranties. GIBS, Inc. reserves the right to refuse service to anyone. GIBS, Inc. reserves the right to determine what violates any of GIBS, Inc.'s policies. Payment Policies (for all accounts) All accounts are set up on a pre-pay basis. If the customer desires domain name registration, registration of a new domain name is $15 for a term of 1 year payable to Global Internet Business Solutions. Each year after will result in an additional $15.00 charge billed directly to the customer by Global Internet Business Solutions or other registration company. Domain Registration fees are not paid to GIBS, Inc. and are non-refundable. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies GIBS, Inc. in writing for a request for termination of services (see cancellation by customer section below for details on how to cancel). All payment is in U.S. currency and must be prepaid with Visa, MC, Amex or Discover, or cashier's check or money order mailed 1 week in advance of due date. Customers may prepay multiple months in advance, however, all multiple month prepayments are non-refundable unless GIBS, Inc. cancels the customers account. A customer who prepays and then wants to downgrade their hosting package can do so, but will not be eligible for a refund of any prepaid monies, or a reduction in monthly charges until the prepaid period is up. Development charges are to be paid as per agreement set forth by proposal. The authorization to proceed with the development proposal shall constitute an contractual agreement between parties bound by the proposal terms along with the: Policies and Terms of Use and Service, located at http://www.gibsolutions.com/policy_termsofuse.html All monthly payment plans must remain current. A 30 day grace period will be imposed on any late payments. After 30 day, with or without prior warning. The website will be suspended until all past due monies are paid.
Non payment
and Collections Ownership and Release of Domain Name If parties enter into a monthly payment plan. Ownership of the domain name that is being developed will be transferred to GIBS, Inc.until all payments are received in full. If GIBS, Inc. is contracted to secure the domain name in behalf of the client, domain will be purchased with GIBS, Inc. as the legal owner until all payments are received in full. Upon full payment GIBS, Inc. will release and transfer ownership of domain name per client instruction. Cancellation initiated by customer (for all accounts) Customers must notify GIBS, Inc. in writing when they wish to cancel their accounts and must include in that writing the date they wish to cancel. Notification to GIBS, Inc. of the transfer of the customers domain name from internic or associated organization to another hosting provider does not constitute a cancellation as these are often forged without the customers knowledge. Email is acceptable for the written notice of cancellation to GIBS, Inc.. Term (length) of service (for all accounts) All hosting packages are month to month billing with the minimum being 1 month. GIBS, Inc. does not pro-rate monthly billing fees. In addition, dedicated servers also require a minimum 6 month lease. The penalty for breaking the lease if the client decides to the break the lease is 50% of the remaining balance. If GIBS, Inc. discontinues the dedicated hosting client for any reason, the lease is automatically broken and the client is not subject to the penalty. Indemnification (for all accounts) Customer agrees that it shall defend, indemnify, save and hold GIBS, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against GIBS, Inc., its agents, its customers, officers and employees, 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 GIBS, Inc. against liabilities arising out of; (1) any court actions, including court cost and attorney fees, arising from uncollected debts or balance owed for development or hosting by GIBS, Inc.; (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 GIBS, Inc.'s server. (5) any injury to person or property caused by any products sold or otherwise distributed in connection with GIBS, Inc.'s server Disclaimer (for all accounts) GIBS, Inc. will not be responsible for any damages your business may suffer. GIBS, Inc. makes no warranties of any kind, expressed or implied for services we provide. GIBS, Inc. 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 GIBS, Inc. and its employees. GIBS, Inc. reserves the right to revise its policies at any time without notice. DISPUTE RESOLUTION AND GOVERNING LAW. (for all accounts) This agreement shall be governed by and construed in accordance with the laws of the City of Portland, and to the extent such courts have jurisdiction, by the State of Oregon or the United States District Courts located in Oregon. The parties hereby agree that the appropriate forum for any disputes arising out of this Agreement or the transactions contemplated hereby shall be the city courts of Portland, the state courts of the State of Oregon, and the United States District Courts located in Oregon, and the parties hereby
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