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Legal Information
This agreement
represents the complete agreement and
understanding between GTS Web Surf and the account
holder (hereinafter called Customer) and
supersedes any other written or oral agreement.
Upon notice published online via GTS Web Surf
services, GTS Web Surf may modify these terms and
conditions, amplify them, and/or modify the
prices, as well as discontinue or change services
offered at anytime without notice.
If you do not agree to these terms and conditions,
please notify our Billing Department at
billing@gtswebsurf.com so we can initiate a
closure of your account. USE OF YOUR ACCOUNT shall
constitute your approval.
Appropriate
Usage Policy
1. GTS Web
Surf
reserves the right to refuse
service or cancel existing accounts for any reason
at any time. In the event of an account
cancellation by GTS Web Surf
or the customer, GTS Web Surf
will not issue a refund unless
otherwise agreed to by GTS Web Surf
prior to
cancellation.
2. GTS Web
Surf
reserves the right to change fees
at any time.
3. GTS Web
Surf
is not responsible for lost
revenue, traffic, or data caused by server
down-time or failure, domain name transfers, or
any other error - mechanical or human.
4. Customers of GTS Web Surf
are forbidden from
partaking in any "abusive practice." The following
is a list of current abusive practices. GTS Web Surf
reserves the right to add to or
modify this list at any time.
Sending unsolicited commercial e-mail with your
account is a violation and is incurred
if any unsolicited email is reported relating to
your domain with us in anyway, regardless of what
SMTP (outgoing mail server) was used to transmit
the message.
Upload, posting or reproducing in any way
materials protected by copyright without the
permission of the copyright holder is a violation.
Participating in an abusive practice will lead to
an immediate account termination without prior
notice or refund of any pre-payment.
5. Customers of GTS Web Surf
are bound to all
system policies listed within this agreement.
Violation of any of these system policies will
result in an immediate account cancellation
without refund or access to hosted files.
6. GTS Web
Surf
hosting services may only be used
for lawful purposes. Transmission of any material
in violation of any U.S. or any state regulation
is prohibited. This includes but is not limited
to: copyrighted material, material legally judged
to be threatening or obscene, or material
protected by trade secret.
The client specifically agrees to indemnify and
hold harmless GTS Web Surf
from
any claim resulting from a breach of these terms,
and/or the use of the service which damages
another.
7. This agreement shall be governed by the Laws of
the State of California. Any action in regard to
this agreement or arising out of its terms and
conditions shall be instituted and litigated in
the State of California District Court for
San Francisco County. Each of the parties consents to
jurisdiction in such Court and agrees that service
of process as provided by the statutes and rules
of civil procedures of California shall be
sufficient.
8. This agreement constitutes the entire agreement
between the parties hereto. GTS Web Surf
reserves
the right to make changes to these policies at any
time without notification to customers.
Spam / UCE Policy
Growth of the Internet has brought about more
possibilities for abuse of this new
communications medium. GTS Web Surf
has developed
the following policies regarding abuse of Internet
services. These policies were established to
protect you, our
customer, from Internet harassment and intrusions
of privacy.
"Netiquette" is generally defined as the standards
or practices an individual or organization engages
in to insure responsible Internet citizenship on
their behalf, as well as refraining from standards
or practices which would impose undue financial,
time, or social constraints on other users of the
Internet. Every facet of the Internet is overseen
by individual organizations (such as GTS Web Surf)
whose networks are interconnected to form the
Internet. Every user of the Internet is
responsible for their own behavior.
The Internet is simply an interconnected set of
similar networks, each entity using the
Internet assumes some liability for the cost
associated with traffic and storage. When the
costs of storage space and transmission are all
figured together, a single posting can cost
the collective Internet thousands of dollars!
There are similar costs associated with the
bandwidth required to transmit e-mail. A customer
using e-mail or news postings for abusive purposes
can create a large financial impact on the
individual networks involved.
Individuals have fallen victim to some sort of
Internet abuse have other costs including
decreased effectiveness of the Internet. Someone
besieged by SPAM e-mail (a massive bulk e-mail
message to subscribers who did not indicate any
desire to receive such e-mail) spends additional
time downloading and responding to e-mail which
was not requested in the first place.
When a GTS
Web Surf
customer performs one of these
abusive activities, GTS Web Surf
pays the price as
well. The additional time GTS Web Surf
employees
spend responding to complaints could be better
spent providing other services. In particularly
some incidents, angry Internet users have been
known to "mail bomb" an ISP by setting up programs
to send so much e-mail that the ISP’s mail server
crashes thereby denying e-mail access to every
customer of the ISP. Our system is robust enough
to escape most of these types of activities. GTS Web Surf
cannot escape every undesirable
activity.
Due to the potential consequences of this type of
activity, GTS
Web Surf
disapproves of this type of
behavior by its customers. Any GTS Web Surf
customer who abuses the resources of the Internet
in any of the following ways will lose their
access to the GTS Web Surf
network permanently.
This includes:
1. Excessive posting of e-mail to Internet users
who previously have not indicated a desire to
receive such e-mail;
2. Using the
GTS Web Surf
network for any illegal
purpose.
If the subject of Internet abuse is still unclear,
please see one of the following URL:
http://marketing.tenagra.com/rfc1855.html
Any subscriber who violates the SPAM policies of GTS Web Surf
will be charged $125.00 per hour (one
hour minimum charge) for the time it takes to
"clean up" the SPAM. This shall include but not be
limited to the time required to answer mail from
recipients of your SPAM and/or repair any damage
to the server due to the mail program locking up,
"mail bombing" or other actions of the recipients
in response to the SPAM.
GTS Web Surf
will turn provide the name and
personal information of any person found to be in
violation of any laws to the appropriate state
and/or federal officials for further legal action.
CGI Scripts Policy
Our servers are not to be used as your testing
platforms. Customer accounts are on high end, live
server responsible for maintaining many accounts.
Your server space is being provided to display
your finished product to the web - NOT for
application or script testing. If you are
uploading a script to our server, you acknowledge
that you have already tested your script elsewhere
and that you know how to install the script. Any
script that the server administrator deems to be
potentially threatening to the overall performance
of our web server will be terminated immediately
and your account access could be subject to
suspension or terminated without refund of any
pre-paid fees. Termination includes the purging of
all customer files.
Any time spent by GTS Web Surf
to kill a script
and/or to lock an account will be billed to the
account at a rate of $65.00 per hour (one hour
minimum charge). Malicious scripts are subject to
immediate Account cancellation.
Please note the following cgi script usage
policies:
The script must use low system resources. Scripts
that consume a large amount of server memory or
CPU power will be subject to account review,
possible mandatory upgrade to dedicated server
and/or additional fee.
Each user account may not use more than 1% of
system resources at any given time. Scripts may
not interact with any server configuration or
hardware. Users running scripts that interact with
any server configuration or any hardware will be
subject to account review, possible mandatory
upgrade to dedicated server, and/or additional
fee.
The script can be used and referenced from any
site on the Net (i.e. free counters, etc.);
however, scripts must stay within the allowable
usage of our system resources. Users using more
resources than a single user account is entitled
to use will be subject to account review, possible
mandatory upgrade to dedicated server, and/or
additional fee.
The script must be executed in a timely fashion.
Any script that uses the processor for more than a
few milliseconds is subject to removal by system
administrator.
Scripts must be secure. Unnecessarily setting
permissions (chmod) of scripts to 777 is a policy
violation. Placing scripts in a publicly viewable
directory (one without an index.html files) is a
policy violation and is subject to removal by
system administrator.
Any accounts with scripts found in violation of
any GTS Web
Surf, policy are subject to future
scrutiny of all cgi by our system administrator.
If a script is found to be harmful to the system,
it will be killed immediately and the account
locked until the account owners have been
contacted. Any time spent by GTS Web Surf
to kill
a script and/or to lock an account will be billed
to the account at a rate of $65.00 per hour (one
hour minimum).
Malicious scripts are subject to immediate account
cancellation.
Bandwidth
Usage Policy
The official
GTS Web Surf
policy is to provide
enough monthly bandwidth so that any site using
normal resources will be able to perform without a
problem. If a site uses over it's allotment of
bandwidth for its type of account, the customer’s
type of account will automatically be upgraded and
the customer charged the upgraded account type
charges.
The customer will be e-mailed a notice once an
upgraded account type is assessed to the customer.
Warnings will not be sent to notify customer that
the limit has been reached or exceeded. This term
and condition is non-negotiable.
Billing Policy
Dear Valued Customers,
As part of the continuted re-structuring of our
billing process, we are altering a few of our
billing terms and polices.
************************************************
IMPORTANT - PLEASE REVIEW THE FOLOWING POLICIES AS
THEY WILL BE IMPLENTED AT THE BEGINNING OF THE
NEXT BILLING CYCLE, WHICH WILL START MARCH 1ST
2003
************************************************
Billing Policy
All customers of GTS Web Surf
must abide by all
the terms set forth in this and all other
policies. Violation of any of these terms can and
will result in the immediate termination of an
account with no refund including any pre-payment.
Billing payment is due the first of the month.
Product Prices are subject to change in the
future, but are guaranteed through customers
pre-paid billing period.
1. Payments via Credit Card:
GTS Web Surf
accepts payment via Master Card,
AMEX, Visa and Discover card. Usage of a credit
card indicates an authorization to cover all
future monthly or pre-arranged payments fees.
Credit cards will be charged within the first week
of the new calendar month. If a Credit Card error,
delinquency, or expiration is not corrected by the
10th of the month the customer will incur a $10
late fee
2. Payments via Check:
In special situations, GTS Web Surf
accepts
payments via check. For accounts paying by check,
payment equivalent to the monthly or pre-arranged
account fees must be received at our office before
the order will be processed. All invoices are sent
via email, unless specifically requested to send
via US Postal Service by customer, on
approximately the fifteenth of each month.
Payments are due no later that the 10th of the
each month. Customers are responsible for paying
their account even if they do not receive their
invoice via email or in the U.S. Postal Mail. If
payments are made later than the 10th of each
month, there will be an additional $10.00 late fee
added to the next billing cycle.
3. Payments via International Checks:
GTS Web Surf
accepts payments via International
checks paid in U.S. funds – check must note
payment in U.S. funds on check. Checks that are
written that do not draw from a U.S. bank will
have processing fees imposed by the banks.
Processing fees imposed by the bank will be billed
to the customer.
4. Late Payments:
When customer payments are late, the account(s)
will be suspended on the 15th of the month and
cancelled at the end of the month if there is no
payment made. The customer will have the option of
reactivating the account after paying the full
amount of the invoice due and an additional fee of
$15.00 will be assessed for reactivation. The
reactivation fee is non-negotiable.
5. Accounts with Non-Usable credit cards:
Credit cards on file are non-usable when any of
the following occur:
a. The card has expired;
b. The card declines our charges for any reason;
c. The card is reported lost or stolen;
d. The card is declared invalid by our processing
system.
If a credit card payment fails, the customer will
be sent an e-mail and postal notice with 15 days
to rectify the situation either with a new payment
method or by updating the credit card information.
The customer’s account(s) will be suspended on the
15th of the month and cancelled at the end of the
month if there is no payment made. The customer
will have the option of reactivating the account
after paying the full amount of the invoice due.
An additional fee of $15.00 will be assessed for
reactivation. The reactivation fee is
non-negotiable.
6.Frequently Delinquent Policy:
GTS Web Surf
considers a customer to be
"frequently delinquent" after the third past due
or credit card problem notice within any one year
period. Customers who become "frequently
delinquent" are required to have a positive
account balance at all times to receive continued
service. On the 30th day of any month, a
"frequently delinquent" customer must have enough
money in his/her account to cover the next month’s
hosting fee. When a "frequently delinquent"
customer fails to have sufficient funds to pay for
the next month of service, the account will be
suspended immediately and the account will remain
suspended until the end of the month and cancelled
if there is no payment made. This policy applies
to all payment methods. This policy is
non-negotiable.
7.Cancellation Policy:
A cancellation will only be accepted if it is done
by one of the following methods:
a. When customer payments are late, the account(s)
will be suspended on the 15th of the month and
cancelled at the end of the month if there is no
payment made.
b. The customer must submit his/her virtual
authorization by requesting cancellation via email
to:
cancel@gtswebsurf.com
The request must include the following
information:
Account name and password
Cancellation request
c. The customer must fax a cancellation request to
800-xxx-xxxx.
The request must include the following
information:
Account name and password
Cancellation request
Signature of account owner
When a cancellation request is made, the technical
department will immediately remove all
configuration information as well as all contents
of the account. GTS Web Surf
will remove all
files. This will include unread e-mail left on GTS Web Surf
servers.
8. Refund Policy:
If an account is canceled within the first 30 days
of service, the customer will receive a full
refund of all account fees except overages. This
30 day policy shall include the 30th day. Any over
usage fees including but not limited to additional
bandwidth will not be refunded.
9. Refunds after the first 30 days:
All service rendered to date will be billed and
must be paid in full.
10. Billing Records:
The customer is responsible for keeping records
current at all times. GTS Web Surf
is not
responsible for actions that are taken as a result
of customer’s failure to respond to GTS Web Surf
notifications.
11. Uptime Guarantee
We Provide 99.9% Uptime Guarantee
*As an example, in a 30 day month there are 43200
minutes. If your site is down for more than 172.8
minutes in any month you don't pay the entire
month of service fees for the sites affected by
the outage. This only applies to the billing for
the sites that are down. This policy does not
apply if an outage of a web site occurs due to
customer induced problems or negligence.
Web
Hosting Support
For Support please use a contact below:
You can submit billing information changes to GTS Web Surf
via email to:
sales@gtswebsurf.com.
Any fax must include the main account user name /
password as well as. You may also fax an update
signature of the account owner. |
