A RECURRING PAYMENT is a convenience service extended by Gnu Media Design Company to you so you no longer have to write a check or process a payment on a monthly basis for our services. When you check the 'Recurring Payment' box on our purchase form(s), you agree that
Gnu Media Design Company will monitor the customer's disk usage and if it exceeds the usage agreed upon, Gnu Media Design Company shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.
Sites that go over their traffic limit may be charged additionally. In case of failure to cover the fees incurred by traffic overusage, Gnu Media Design Company reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case Gnu Media Design Company takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place.
Materials, accessible to the customer through Gnu Media Design Company's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use Gnu Media Design Company's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through Gnu Media Design Company's network. If the customer uses a domain name in connection with Gnu Media Design Company's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.
The look and functionality of sites designed using Gnu Media Design Company web design services are copyright Gnu Media Design Company, and rights to reproduce the site without the written permission of Gnu Media Design Company are prohibited.
Customers may not use Gnu Media Design Company's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. Gnu Media Design Company will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
The customer may not use Gnu Media Design Company's network, Gnu Media Design Company's equipment or Gnu Media Design Company's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the Gnu Media Design Company's network, Gnu Media Design Company's equipment or Gnu Media Design Company's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.
In case sufficient evidence is presented about any violation of this provision, Gnu Media Design Company reserves the right to disable the customer's account without prior notice. For the purpose of acquiring such evidence, Gnu Media Design Company will use various techniques, including but not limited to: closely inspecting all spam reports sent to Gnu Media Design Company's anti-abuse department (abuse@GnuMediaDesign.com), searching the logs of the mail servers, and scanning the server space for popular "spamming" applications. Gnu Media Design Company will be the sole arbiter as to what would be considered sufficient evidence.
Any attempt to undermine, slander, libel, threaten or cause harm to Gnu Media Design Company's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
Customer agrees to indemnify, defend and hold harmless, Gnu Media Design Company, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.
Gnu Media Design Company, at its sole discretion, may change these terms and conditions at any time. By using Gnu Media Design Company's services the user agrees that Gnu Media Design Company may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on Gnu Media Design Company's web site, or on notification to the customer by e-mail. The customer agrees to review Gnu Media Design Company's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying Gnu Media Design Company by e-mail. Notice of the customer's termination will be effective on receipt and processing by Gnu Media Design Company. The customer agrees that, by continuing to use Gnu Media Design Company's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
The content available through this site is the sole property of Gnu Media Design Company and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Gnu Media Design Company-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without Gnu Media Design Company's express prior written consent.
Gnu Media Design Company reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, Gnu Media Design Company reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
Gnu Media Design Company reserves the right at its sole discretion to refuse or cancel service. Violation of any of Gnu Media Design Company's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.
THE CUSTOMER AGREES THAT GNU MEDIA DESIGN COMPANY SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, WEB DESIGN AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF GNU MEDIA DESIGN COMPANY'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO GNU MEDIA DESIGN COMPANY'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY GNU MEDIA DESIGN COMPANY; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND GNU MEDIA DESIGN COMPANY'S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. GNU MEDIA DESIGN COMPANY ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF GNU MEDIA DESIGN COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL GNU MEDIA DESIGN COMPANY'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, GNU MEDIA DESIGN COMPANYS LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Last revision: December 3,, 2005