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GaiaSpiritOnline Terms of Service
Privacy /Billing /Acceptable Use Policy / Liability /DMCA Complaints
Agreeing to GaiaSpiritOnline Terms of Service is mandatory to use the hosting services. If you have
any questions, please contact us.
Privacy:We do not believe in sharing your information with anyone. and we
won't.
Billing: If you pay by PayPal and choose to
subscribe, your PayPal account will be charged automatically for renewal unless you've made other
arrangements with us. If you choose to pay by check or money order, I will send you an
invoice via email which is due within 15 days of receipt. You will receive a reminder when it
becomes overdue, and your account will be suspended if the invoice is overdue more than 30
days.
Refunds: If you are not satisfied within your first 30
days We are happy to provide you with a full refund.
Cancellations:You may cancel your account with us at
anytime by emailing adm@gaiaspiritonline.com. We will use the email address
you provided to us when you opened your account to confirm that it is you requesting the
cancellation. We will consider the date we received your cancellation request as
the date of the request, however we will not cancel your account until the request in confirmed.
Please keep your email address current with us.
Monthly Billing: If you cancel after the first billing
cycle (30 days), you are not entitled to a refund of the month within which you cancelled your
account.
Yearly Billing: If you cancel after the first 30 days you
will not be entitled to a refund, if however you cancel within the first 30 days, you will be
refunded in full.
Payments:You may pay with Visa or MasterCard,
through Paypal, with check or money order. Your account will be set up and your
welcome email with your login information will be sent upon receipt of payment.
Late Payments: All accounts are billed according to the
date on which they were first activated. All payments are due within 10 days of receipt of invoice.
Accounts that are past due may be disabled on an individual basis solely at our
discretion.
Paypal Subscription Cancellations: If you
subscribed to hosting and chose to pay via Paypal subscription and if your subscription is
cancelled, your hosting account may be suspended until the subscription is re-created or you make
other arrangements for payment (ie send a check or send money direct with PayPal). If your monthly
PayPal subscription is cancelled and re-created several times, you will be asked to pay with a
different payment method.
I AM BOYCOTTING PAYPAL DUE TO DISCRIMINATION AGAINST
WIKILEAKS.
Acceptable Use Policy:All services provided by
GaiaSpiritOnline 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 judged to be
threatening or obscene, or material protected by trade secret and other statute.
You may not host content of the following nature:
Content related to hacking, cracking, and warez.
Content promoting hate crimes, discrimination, homophobia, racism, or violence.
Pornography. This includes sites that include sexually explicit or hardcore images and/or
advertising.
Illegal content.
Downloads: You may host software downloads only if you are the writer and copyright holder or have
written permission from the owner to host them. Our server does not support streaming audio and
video. Audio and video files may be hosted for regular download as long as they do not violate
copyright laws.
If you think your site may violate these Terms Of Service, please ask
before signing up for an account so that we may determine if we can host your site.
GaiaSpiritOnline reserves the right to determine what is and is not an acceptable website according
to this acceptable use policy. We don't allow any conduct that violates regulations, or normally
accepted practices within the Internet community, whether or not expressly mentioned in this Terms
of Service.
CGI Scripts: Each account comes with its own cgi-bin. You
are free to use any CGI scripts you wish that are not banned, however we reserve the right to
disable any CGI script that effects normal server operation without prior warning.
Banned Scripts: The following scripts are banned from use
on the servers and may not be uploaded or run. Reasons for banning them include adverse effects on
server load, invitations to hackers/spammers/criminal activity, etc.
IRC or IRC egg drops or bots
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
nph-proxy
UBB (Ultimate Bulletin Board, all versions)
Ikonboard, Yabb (all versions)
lstmrge.cgi
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed, nor or any scripts which are
based on them (for instance, a simple port to PHP). Secure aternative: Secure PHP Form Mailer
Script
Background Running Programs: Background daemons in general are prohibited.
Spam: GaiaSpiritOnline servers may not be the
source, intermediary, or destination address involved in the transmission of spam, flames,
phishing, fraud, or mail bombs. Your domain may not be referenced as originator, intermediary, or
reply-to address in any of the above. SPAM /illegal content advertising sites on other servers
which in turn contain links to a domain on the servers is prohibited. Spam is any mass unsolicited
message in the mediums of newsgroups and/or email. If you are found to have spammed, then your
domain will immediately, without warning, be disabled. We reserve the right to refuse or cancel
service to known spammers. Lastly, we reserve the right to determine what violates this policy. Any
violation will result in immediate deactivation of services without refund.
Server Abuse: Any attempts to undermine or cause harm to
a server is strictly prohibited.
Accounts Reinstatement: Accounts and domains deleted due
to violation of this acceptable use policy cannot be reinstated.
Refusal of Service: We reserve the right to refuse,
cancel, or suspend service at our sole discretion. The acceptable use policy is actively
and strictly enforced. Offending content or users are suspended from the network, usually as soon
as they are discovered.
Liability: Use of GaiaSpiritOnline's services is at the
customer's sole risk, we make no warranties.
Backup: GaiaSpiritOnline is not responsible for backups for MySql databases. Subscriber
acknowledges that they will backup their own databases from the backup utility provided from their
control panel. GaiaSpiritOnline will however do other backups of websites, images, cgi-bin,
mail, etc. However, backups are performed as a courtesy and we are not responsible for damages due
to loss of data.
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of the company and that
damages resulting from any interruption of service are difficult to ascertain. Therefore,
subscriber agrees that the company shall not be liable for any damages arising from such causes
beyond the direct and exclusive control of the company. Subscriber further acknowledges that the
company's liability for its own negligence may not in any event exceed an amount equivalent to
charges payable by subscriber for services during the period damages occurred. In no event shall
the company be liable for any special or consequential damages, loss or injury.
Indemnification: Customer agrees that it shall defend,
indemnify, save and hold GaiaSpiritOnline and its associates harmless from any and all
demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted
against GaiaSpiritOnline, 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 GaiaSpiritOnline against liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise distributed in connection with GaiaSpiritOnline
services; (2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and (3) copyright infringement.
Limitation of Liability: GaiaSpiritOnline shall not be
responsible for any claimed damages, including incidental and consequential damages, which may
arise from GaiaSpiritOnline servers going off-line or being unavailable for any reason
whatsoever. Furthermore, GaiaSpiritOnline shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption or deletion of any web
site from one of GaiaSpiritOnline servers. All damages shall be limited to the immediate
termination of service.
GaiaSpiritOnline cannot be held liable for system downtime, crashes,
or data loss. We cannot be held liable for any predicted estimate of profits in which a client
would have gained if their site was functioning. Certain services provided by GaiaSpiritOnline
are resold. Thus, certain equipment, routing, software, and programming used by GaiaSpiritOnline
are not directly owned or written by GaiaSpiritOnline. Moreover, GaiaSpiritOnline holds no
responsibility for the clients' use of their accounts.
GaiaSpiritOnline retains the right to change any or all of the above
policies and disclaimer without notification.
DMCA Complaints: If you believe that your copyright has been infringed by
content hosted on our servers, please send a DMCA complaint to:
Administrator
GaiaSpiritOnline
4812 Tower Av. Cincinnati, Ohio 45217
Take-Down Procedures: If we are notified of a credible claim of copyright infringement, we will
remove or disable access to the content that is potentially infringing by means up to and including
suspension of the account hosting the content. We will attempt to notify the account owner in such
cases. Please be sure to keep your email with us up to date.
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