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GABRIEL
WEB HOSTING AND DESIGNS
-HOSTING
TERMS AND CONDITIONS
By ordering
our services in any way you
are agreeing to our terms and
conditions below.
Disclaimer
We will not be
responsible for any damages
your business may suffer.
Gabriel Web Hosting and
Designs makes no warranties
of any kind, expressed or
implied for services we
provide. Gabriel Web
Hosting and Designs,
disclaims any warranty or
merchantability or fitness
for a particular purpose.
This includes loss of data
resulting from delays, and
any and all service
interruptions caused by
Gabriel Web Hosting and
Designs, and its employees.
Gabriel Web Hosting and
Designs reserves the right to
change or update policies
without notice.
This agreement is accepted by
the Account Holder by
submission of an order for
services with Gabriel Web
Hosting and Designs and the
Account Holder agrees to
fully abide by all terms,
conditions, rules, and
regulations as described.
Finally, Account Holder
acknowledges that he/she is
of contractual capacity under
the laws of the United States
of America. If any terms or
conditions are failed to be
followed it will result in
grounds for immediate account
deactivation.
We want to provide the best
possible service to our
clients and to do so, we have
to set forth some guidelines
for everyone to follow.
In the following terms, we
are noted as Gabriel Web
Hosting and Designs as that
is our business name even
though we have the Hosting
Warriors site. Even if you
place your order by phone,
you are bound by these terms
and conditions. These terms
and conditions override any
email, chat session, or
contact of any kind with any
Gabriel Web Hosting and
Designs personnel and its
affiliates, Associates or
Representatives. This
Registration Agreement
("Agreement") also
sets forth the terms and
conditions of your use of
Hosting Warriors(also known
as Gabriel Web Hosting and
Designs) to register a domain
name on the Internet. This
Agreement will become
effective when accepted by
Gabriel Web Hosting and
Designs.
We will not host any website
that contains inappropriate
material or content or has
links to such material. If
such material is discovered,
the offending domain will be
deleted immediately with no
warning. Gabriel Web Hosting
and Designs will be the sole
arbiter in determining
violations of this provision.
VIEW ENTIRE
LIST OF PROHIBITED SITES ON
OUR SERVERS
Content:
All
services provided by Gabriel
Web Hosting and Designs 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,
trademark, intellectual
property, material we judge
to be threatening or obscene,
or material protected by
trade secret and other
statute without proper
authorization. The subscriber
agrees to indemnify and hold
harmless Gabriel Web Hosting
and Designs from any claims
resulting from the use of the
service which damages the
subscriber or any other
party.
Electronic
Mail Acceptable Use Policy Unsolicited
Bulk Email (popularly known
as "spam")
ZERO TOLERANCE
POLICY
Without
exception, Gabriel Web
Hosting and Designs decry
the practice of mass-mailing
unwanted email solicitations
of any type, regardless of
content, and we will do
everything within our power
to reduce the flood of this
type of traffic across the
Internet.
Gabriel Web
Hosting and Designs may,
at its sole discretion, will
immediately terminate your
account if your conduct fails
to conform to these terms and
conditions with no obligation
to refund fees paid.
You agree that Gabriel
Web Hosting and Designs shall
under no circumstances be
held liable on account of any
action it takes, in good
faith, to restrict
transmission of material that
it or any user of electronic
mail service considers to be
obscene, lewd, lascivious,
filthy, excessively violent,
harassing, or other-wise
objectionable, whether or not
such material is
constitutionally protected.
Electronic
Mail
Gabriel
Web Hosting and Designs'
electronic mail service
provides you with the
capability to send and
receive electronic mail via
the Internet. Gabriel Web
Hosting and Designs has set
no fixed upper limit on the
number of messages you may
send or receive through its
electronic mail service;
however, the storage space
associated with your
electronic mail account is
regulated by the Disk Quota
associated with your
account. Gabriel Web
Hosting and Designs will, in
our sole discretion,
determine whether or not your
conduct is consistent with
(i) this Agreement, (ii) any
Gabriel Web Hosting and
Designs operating rules or
policies.
Refusal of Service:
We reserve the right to
refuse, cancel, or suspend
service at our sole
discretion. All Sub-Networks,
distributive hosting sites
and dedicated servers must
adhere to the above policies.
Failure to follow any term or
condition will be grounds for
immediate account
deactivation. Gabriel
Web Hosting and Designs will
be the sole arbiter as to
what constitutes a violation
of this provision
Satisfaction Guaranteed
If you try our service for 30
days, stay within our terms
and conditions stated here,
and decide that it does not
meet your needs within that
amount of time, then all you
have to do is cancel your
domain before the 30th day
and you will receive your
hosting fee back. This
does not include the domain
registration fee, though, as
that is non-refundable.
Following the 30 day period,
if you are unsatisfied with
our services, for any reason
you are not under any
contract and may cancel your
account if you would like.
E-mail
Spamming, or the sending of
unsolicited e-mail or message
board posts including,
without limitation,
commercial advertising and
informational announcements,
from our server(s) or using
an e-mail address or domain
that is maintained on an
Hosting Warriors (Gabriel Web
Hosting and Designs) machine
as reference in that spam is
STRICTLY prohibited.
System and Network
Security
Violations of the
Gabriel Web Hosting and
Designs system or network
security are prohibited, and
may result in criminal and
civil liability. Gabriel Web
Hosting will investigate
incidents involving such
violations and may involve
and will cooperate with law
enforcement if a criminal
violation is suspected.
Examples of system or network
security violations include,
but not limited to, the
following:
Unauthorized
access to or use of data,
systems or networks,
including any attempt to
probe, scan or test the
vulnerability of a system
or network or to breach
security or
authentication measures
without express
authorization of the
owner of the system or
network.
Interference
with service to any user
including, but not
limited to, mailbombing,
flooding, deliberate
attempts to overload a
system and broadcast
attacks.
Limitation
of Liability
Gabriel Web Hosting
shall not be responsible for
any claimed damages,
including incidental and
consequential damages, which
may arise from Gabriel Web
Hosting and Design's servers
going off-line or being
unavailable for any reason
whatsoever. Further, Gabriel
Web Hosting and Designs 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 Gabriel
Web Hosting and Designs
servers. All damages shall be
limited to the immediate
termination of your
service. Gabriel Web
Hosting and Designs will not
be held responsible for any
problems that a reseller's
customer may have. We
will always do our best to
keep things running smoothly
and to ensure that your web
experience is the best. We
disclaim any and all loss or
liability resulting from, but
not limited to: (1) loss or
liability resulting from
access delays or access
interruptions; (2) loss or
liability resulting from data
non-delivery or data
mis-delivery; (3) loss or
liability resulting from acts
of God; (4) loss or liability
resulting from the
unauthorized use or misuse of
your Account Number, Password
or security authentication;
(5) loss or liability
resulting from errors,
omissions, or misstatements
in any and all information or
service(s) provided under
this agreement; (6) loss or
liability relating to the
deletion of or failure to
store e-mail messages; (7)
loss or liability resulting
from the development or
interruption of your Web
site; (8) loss or liability
from your inability to
use our mail service; or
(9) loss or liability that
you may incur in connection
with our processing of your
application for our services,
our processing of any
authorized modification to
your domain name record or
your agents failure to pay
any fees, including the
initial registration fee or
reregistration fee.
This Agreement and all rights
hereunder shall be governed
by the laws of the State of
Ohio. Any action relating to
this Agreement or to your use
of the Hosting Warriors site
shall be brought exclusively
in the courts of Ohio in the
USA. Gabriel Web Hosting and
Designs reserves the right to
change the Acceptable Use
Policy without prior notice
or warning. Non-enforcement
of any part of the Acceptable
Use Policy does not
constitute consent.
This
Agreement, the Gabriel Web
Hosting and Designs fee
schedule, the hosting terms
of use and the Dispute
Policy, together with all
amendments or modifications
to any of them, constitute
the complete and exclusive
agreement between you and
Gabriel Web Hosting, and
supersede and govern all
prior proposals, agreements,
or other communications. All
Sub-Networks and distributive
hosting sites of Gabriel Web
Hosting must adhere to the
above policies.
Contact us with
complaints regarding Illegal
Use or System or Network
Security issues and
complaints regarding email
abuse or SPAM or with any
comments, questions, ideas,
etc.
Failure
to follow any term or
condition will be grounds for
immediate site shut down.
