Terms of Service

GH1 Terms Of Service

GH1 Web Hosting, Inc. provides web hosting to numerous clients which means that we have a responsibility to protect each client and to provide the best services available. The following guidelines were established to ensure these crucial obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on GH1 Web Hosting, Inc. servers, including regular hosting clients, resellers, and their clients. We ask that all clients reselling our hosting services in any way, including those providing hosting services, implement these same Policies, Guidelines, and Disclaimers into their own web sites to ensure that the same are understood and met by their clients.

DEFINITIONS:
Client = Any account residing on GH1 Web Hosting, Inc. servers whether paying or free.

GH1 Web Hosting, Inc. = any placement of: we, us, our(s)

CONTENT AND USE THAT IS NOT PERMITTED:
ALL SERVICES PROVIDED BY GH1 Web Hosting, Inc. 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, CITY, COUNTY, OR LOCAL ORDINANCE, 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 STATUTE. THE SUBSCRIBER AGREES TO INDEMNIFY AND HOLD HARMLESS GH1 Web Hosting, Inc. AND/OR ITS EMPLOYEES AND/OR ITS AGENTS FROM ANY CLAIMS RESULTING FROM THE USE OF THE SERVICE WHICH DAMAGES THE SUBSCRIBER OR ANY OTHER PARTY.

PORNOGRAPHY and SEX-RELATED merchandising is PROHIBITED on all GH1 Web Hosting, Inc. servers. This includes sites that may infer sexual content, or links to adult content elsewhere. You hereby agree that by purchasing GH1 Web Hosting, Inc. services, GH1 Web Hosting, Inc. will be the sole arbiter in determining violations of this provision.

ADDITIONALLY PROHIBITED are sites that promote any illegal activity or present content that may be damaging to GH1 Web Hosting, Inc. servers, its subscribers, the public, national security, personal privacy, and the general health, safety, welfare of our country or any other server on the internet. Links to such materials are also PROHIBITED.

THE FOLLOWING LINKS, CONTENT, AND/OR ACTIVITY IS ALSO PROHIBITED ON
GH1 Web Hosting, Inc. SERVERS:
– Pirated software
– Hacker programs or archives
– Warez sites
– MP3 server software
– Commercial Advertising – SPAM Email:
– PORNOGRAPHY and SEX-RELATED Sites

SPAMMING, OR THE SENDING OF UNSOLICITED EMAIL from GH1 Web Hosting, Inc. servers or using an email address or domain that is maintained on a GH1 Web Hosting, Inc. server as a reference is STRICTLY PROHIBITED. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT PRIOR NOTICE.

– Background Running Programs:
We MAY allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed. All users must contact GH1 Web Hosting, Inc. prior to the installation of such programs and MAY be required to sign an additional agreement.

The bottom line.
Our Servers Are Fast and we want to keep them Fast!

– IRC:
We do not allow IRC or IRC bots to be operated on our servers.

YOU HEREBY AGREE that by purchasing GH1 Web Hosting, Inc. services that GH1 Web Hosting, Inc. will be the SOLE ARBITER as to what constitutes a violation of the above provisions.

Use of Server Resources.
CPU & Memory. All accounts are monitored for their use of server resources. If any account is using a high amount of server resources over we will contact the customer to discuss the issue with them. In serious cases where an account is using a considerably large amount of system resources over 20% (memory, CPU etc.) the account may be suspended or script disabled without notice to maintain the smooth running of the server.
Site traffic.
Our plans offer large amounts of Bandwidth and 99.5% of our customers do not even come close to going over their limit.

If you go over the limit we will let you know so you can see what you are running that is eating bandwidth. Most of the time you are not charged unless it is a large overage. We just give you a warning and help you track down the cause of the problem.

Excess Bandwidth Charges will be $10 per gig.

YOU HEREBY AGREE that by purchasing GH1 Web Hosting, Inc. services that GH1 Web Hosting, Inc. will be the SOLE ARBITER as to what constitutes a violation of the above provisions.

**The thing to remember here is if your site is consuming 20% or more of the resources then that is when you will be charged extra. This does not often happen unless you have a Yahoo on your hands.

SYSTEM BACKUPS:
We do a Weekly Off Site Backup of all server files including website files. Their is a $25 restore fee and the restore can take 12 to 24 hours. You the customer are responsible for keeping a back up copy of your websites files. The backup we do is intended for recovery of the server rather than the user files. Note that this is done as a courtesy to our customers and may or may not be available as No backup system is perfect. The main point is always have a back up on your local PC.

SERVER ABUSE:
ANY ATTEMPT to UNDERMINE or CAUSE HARM to any server or customer of GH1 Web Hosting, Inc. is STRICTLY PROHIBITED and violators will be deleted without prior notice.

BILLING:
The billing period for all accounts is 15 days. All account fees are due on the first day of each billing period. ANY ACCOUNT unpaid fifteen (15) days past its due date can be deactivated without notice.

Billing Disputes:
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge back, is at GH1’s discretion to determine if valid, under the terms of service. If deemed not valid it will result in immediate service interruption, and reconnection fees to restore the desired service.

Recurring Billing:
We will no longer send out invoices. All credit cards are billed automatically on the service due date and/or the anniversary of the original activation date (domains or yearly hosting).  By activating service with GH1 Web Hosting, Inc you give us the right to automatically bill your credit card for our services. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point we will need to be provided with another credit card within 15 days. If we do not receive a response within 15 days the account will be deactivated AS WELL AS any accounts under that account plan.

ACCOUNT DEACTIVATIONS / LATE FEES:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $25.00 to be paid prior to reactivating the account. If your account is over 15 days late you will be charged a $25.00 even if we have chosen not to deactivate the account. We try to work with our customers and resellers as to not curt off service.

CANCELLATIONS
You must email or fax in your cancellation request on or before your next billing date or you will be charged for the next full month.

CANCELLATION REFUNDS:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. After the 30 day initial account activation period we do not prorate accounts.  If you pay for six months or a year and you cancel you forfeit the remainder of the balance.

COPYRIGHT AND TRADEMARK DISCLAIMER:
All accounts whether paid or otherwise will receive all necessary permissions and authorities to use any Copyrighted and/or Trademarked, including but not limited to, ad copy, graphics, logos, and names, and shall produce within reasonable time, such written permissions and authorities if demanded by GH1 Web Hosting, Inc. IN WRITING BY U.S. CERTIFIED MAIL RETURN RECEIPT REQUESTED.

Placement of domain and responding pages shall be regarded as a guarantee by the domain owner (client) to GH1 Web Hosting, Inc. that all such permissions and authorities have been obtained.

No responsibility will be accepted by GH1 Web Hosting, Inc. for damages to or losses incurred by the client from the use of any content for which the required permission or authority has not been properly obtained.

REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service on ANY DOMAIN residing on GH1 Web Hosting, Inc. servers at our sole discretion.

LIMITATION OF LIABILITY:
GH1 Web Hosting, Inc. shall not be responsible for any claimed damages, including incidental and consequential damages which may arise from GH1 Web Hosting, Inc. servers going off-line or becoming unavailable for any reason whatsoever. Furthermore, GH1 Web Hosting, Inc. 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 GH1 Web Hosting, Inc. servers.

Violations of these Policies and Guidelines should be referred to gh1@gh1.com .
All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER:
GH1 Web Hosting, Inc. shall not be held liable for system downtime, crashes, or data loss, or that which results in ANY ACCOUNT becoming unavailable for an indefinite amount of time. We shall not 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 GH1 Web Hosting, Inc. are resold. Thus, notice is hereby given that certain equipment, routing, software, and programming used by GH1 Web Hosting, Inc. are not directly owned or written by GH1 Web Hosting, Inc.. MOREOVER, GH1 Web Hosting, Inc. holds no responsibility for the use of our clients accounts. If any terms or conditions are not followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without refund and/or restitution of damages as GH1 Web Hosting, Inc. sees fit.

ACCOUNT ACTIVATION:
BY ACTIVATING YOUR ACCOUNT(S) WITH GH1 Web Hosting, Inc., YOU HEREBY AGREE THAT YOU HAVE READ THESE PROVISIONS IN FULL AND AGREE TO ADHERE TO THE ABOVE POLICIES, GUIDELINES AND DISCLAIMERS. YOU UNDERSTAND THAT FAILURE TO ABIDE BY GH1 Web Hosting, Inc. POLICIES, GUIDELINES AND DISCLAIMERS IS GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION WITHOUT NOTICE, REFUND AND/OR RESTITUTION OF DAMAGES.

FURTHERMORE, GH1 Web Hosting, Inc. retains the right to change any or all of the above Policies, Guidelines, and Disclaimers without DIRECT NOTIFICATION TO CLIENT(S) BUT BY POSTING AT THIS PLACE WITHIN OUR SITE AND IT IS THE RESPONSIBILITY OF ALL GH1 Web Hosting, Inc. CLIENTS TO REVIEW THESE POLICIES, GUIDELINES, AND DISCLAIMERS EVERY 15 DAYS FOR REVISIONS.

GH1 Web Hosting, Inc. also retain the right to increase any pricing, and make changes to our account plans without direct notification to client(s), but by posting such changes and increases on pages corresponding to our domain hosting account plans.

Governing Law/Venue:
If you accept service from us then this agreement shall be governed only by the laws of the State of Florida. Venue for any action hereunder shall be in Santa Rosa County, of the State of Florida.