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| Terms of Use |
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CLIENTS ARE ALLOWED TO USE THEIR SITES FOR BUSINESS/COMMERCIAL OR PERSONAL USE. THE LEGAL OWNER OF THE CUSTOMERS WEB SITE AND ACCOUNTS WILL BE THE INDIVIDUAL OR ORGANIZATION WHOSE NAME IS LISTED IN THE GALLARIA HOSTING'S DATABASE.
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Minimum Age Requirement |
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The Gallaria Hosting customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a The Gallaria Hosting customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for The Gallaria Hosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains The Gallaria Hosting's express written consent to the contrary. Any acceptance of the TOS or any other agreement for The Gallaria Hosting's services will be deemed null and void to the extent that The Gallaria Hosting will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of The Gallaria Hosting's services. In addition, the parent or legal guardian of the Minor must be listed as the account holder.
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Content Policies |
- All services provided by The Gallaria Hosting may be used for lawful purposes only.
If it is in violation of any United States Federal, City or State law then its not permitted at The Gallaria Hosting. This includes, but is not limited to: copyrighted material, or material protected by trade secrets and other statue. Every client agrees to indemnify and hold harmless The Gallaria Hosting from any claims resulting from the use of the service which damages the client or any other party.
- Note: Adult Content and sexual-related merchandising will be allowed on The Gallaria Hosting servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. HOWEVER YOU MUST MAKE ARRANGEMENTS FOR THIS PARTICULAR SERVICE BEFORE YOU SIGN UP.
- Examples of non-acceptable content or links:
Pirated software, OR MP3 files
Hackers programs or archives
Warez Sites
Spamming Software
System or Network Abuse
Creating/Sending virus, worms or trojans.
Child Pornography
- The Gallaria Hosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. The Gallaria Hosting will be the sole arbiter as to what constitutes a violation of
non-acceptable content and your site will be immediatly suspended with no refund of monies paid.
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| Traffic Guidlines |
- Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. The Gallaria Hosting will monitor Customer's bandwidth and disk usage. The Gallaria Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in The Gallaria Hosting sole and absolute discretion. If The Gallaria Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, The Gallaria Hosting may, at its sole discretion, collect a deposit, in an amount determined by The Gallaria Hosting, against customer's credit card on file with The Gallaria Hosting.com
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| Modifications |
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The Gallaria Hosting may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with The Gallaria Hosting's services. Certain changes to The Gallaria Hosting's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and The Gallaria Hosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by The Gallaria Hosting.
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| Third Party Licenses |
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The Gallaria Hosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, The Gallaria Hosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, The Gallaria Hosting specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold The Gallaria Hosting liable in any way for the revocation of any license, which has been licensed to The Gallaria Hosting. The use of the Technologies obtained from or through The Gallaria Hosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
As a general rule we do not allow background running programs. We may allow
programs to run continually in the background , these are considered on a one
to one basis and an extra charge will be incurred based on system resources used
and operational maintenance needed.
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| Intellectual Property Rights |
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Network Security |
- Customers may not use the THE GALLARIA HOSTING NETWORK with 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 expressly authorized to access, password cracking, probing the security of other networks in search of weakness, 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. The Gallaria Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including 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.
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| Defamation |
- Defamatory speech distributed over the Internet can result in civil liability
for the defamer.
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| Refusal of Service |
- The Gallaria Hosting reserves the right at its sole discretion to refuse or cancel service. Violation of any of The Gallaria Hosting's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
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| SPAM or Unsolicited E-Mail |
- You must not use the THE GALLARIA HOSTING NETWORK, The Gallaria Hosting equipment or any The Gallaria Hosting email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the THE GALLARIA HOSTING NETWORK, The Gallaria Hosting equipment
or any The Gallaria Hosting email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who
has not requested or invited the message. For purposes of this provision, merely
making one's email address accessible to the public will not constitute a request
or invitation to receive messages.
- If you are found to have spammed, without warning, The Gallaria Hosting reserves the right to disable your domain. The Gallaria Hosting solely reserves the right to refuse or cancel service to known spammers. Lastly, The Gallaria Hosting reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
- As such, any violation will result in immediate deactivation of services without refund.
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| Abuse |
- Any attempts to undermine, slander, libel, threaten, or cause harm to a The Gallaria Hosting server, customer, employee, or the company directly is strictly prohibited and
is grounds for immediate termination without refund. In addition, we will pursue
all attempts to the fullest extent of the law.
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| Backup of Data |
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Except where The Gallaria Hosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and The Gallaria Hosting is in no-way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with The Gallaria Hosting services. We will perform daily and weekly backups of your sites, however this is only for use in case of catastrophic incidents, you are responsible to all off site backups. The backups we perform are not available to customers directly. If you wish to purchase a CD backup of your site, please contact sales.
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| Refund Policy |
- Each of The Gallaria Hosting's shared hosting plans carries a 30-day un-conditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration/transfers; software purchases such as, but not limited to, SSL Certificated, domain parking plus; and overage fees.
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| Indemnification |
- Customer agrees that it shall defend, indemnify, save and hold The Gallaria Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Gallaria Hosting, 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 The Gallaria Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Gallaria Hosting server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of The Gallaria Hosting to the amount paid for service.
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| Liability Limitations |
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL THE GALLARIA HOSTING (INCLUDING, WITHOUT LIMITATION, THE GALLARIA's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS THE GALLARIA, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE GALLARIA's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR THE GALLARIA SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY THE GALLARIA SERVICES EVEN IF THE GALLARIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE GALLARIA's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR THE GALLARIA's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY THE GALLARIA OR THE GALLARIA's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
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