Scope of Services and Your Obligations
This Agreement defines the terms and conditions of Galileo31's services
as offered by Galileo31 and used by you, including the provision of web
hosting services on Galileo31's servers and connectivity to the Internet
(the "Services"). Galileo31 will provide the Services for the amount of
server storage space selected in exchange for payment of fees and full
compliance with the terms and conditions of this Agreement. In performing
the Services, Galileo31 maintains control and ownership of any and all
Internet protocol ("IP") numbers and addresses that may be assigned to you
and reserves the right to change or remove any and all IP numbers and
addresses at its sole discretion.
Galileo31 reserves the right to monitor its systems electronically and
to access and disclose any information as permitted or required by any
law, regulation or other governmental request to operate its systems
properly, to protect itself or its accountholders or for any other reason
it in good faith deems necessary. Galileo31 will fully cooperate with law
enforcement authorities in investigating suspected lawbreakers and
reserves the right to report to law enforcement any suspected illegal
activity it becomes aware of. It is not Galileo31's intention that its
Services or facilities be used in contravention of the Communications
Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital
Millennium Copyright Act (the "DMCA") and acknowledge that Galileo31 is a
"service provider" under the DMCA and is therefore immune from liability
under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA,
Galileo31 will accommodate standard technical measures used to identify
and protect copyrighted works, and, as further described herein, Galileo31
has a policy of terminating accountholders who are copyright infringers.
Websites are unmodified forums containing the personal opinions and
other expressions of the persons who post entries on a wide range of
topics. Neither the content of websites located on Galileo31's servers nor
the links to other websites are screened, approved, reviewed or endorsed
by Galileo31. Galileo31 is not a publisher of any of the content of
websites, or of any content that may be available through the links to and
from them, and is acting solely as an Internet web-hosting service
provider. The text and other material on such websites are the opinion of
the specific author and are not Galileo31's statements of advice, opinion
or information.
Payment Policies, Fees, and Refunds
Full payment is required before any hosting service is rendered, which
includes renewals. All payment-due notices will be sent by electronic
mail. No bills or invoices will be sent by postal mail or fax. Prepayment
is due each anniversary following the date the account was established.
Billing will continue until you cancel your hosting account. You may
cancel at anytime. As a policy, we do not offer credits or refunds for
hosting already billed. Domain registration fees and setup fees are
non-refundable.
Every shared hosting account with Galileo31 features a 30-day money
back guarantee. If you choose to cancel your account within the first 30
days email us at contactus@Galileo31.com and provide us with your domain
name and uid# that we have on file for verification. Once verified, we
will refund shared hosting account monthly fee, exclusive of any set up
fees or domain names fees. Accounts closed after 30 days do not qualify
for refund of any pre-paid fees. Galileo31 will only allow for the refund
if cancellation is not the fault of the client, as determined by
Galileo31. Accounts closed for violating the Restrictions policy do not
qualify for a refund.
Domain registration/setup fees are nonrefundable. The customer is
responsible for all money owed on the account from the time it was
established to the time that the customer notifies Galileo31 of
cancellation. All monetary transactions are in $US dollars. Additional
features can be added at any time. Galileo31 reserves the right to change
prices at any time.
If your web site has an overdue balance past 10 days of your statement
due date, our automated billing system will suspend your account until you
pay the overdue balance. Please note that it is your responsibility to
keep your account current. You can check your account balance at any time
by clicking "billing" in your account's control panel.
Account Support/Bizland customers:
http://accountsupport.com
WebECS customers:
http://cp.webecs.com
For control panel and account support information
click here.
Terms
The validity, terms, performance and enforcement of this Agreement
shall be governed and construed by its provisions and in accordance with
the laws of the State of Illinois (without regard to conflicts of laws
principles).
Indemnification Policy
You agree to use all Galileo31 services and facilities at your own
risk. Galileo31 specifically disclaims all warranties of merchantability
and fitness for a particular purpose. In no event shall Galileo31 be
liable for any loss, or loss of data, or other commercial damage,
including but not limited to special, incidental, consequential or other
damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD
Galileo31 HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY
Galileo31. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD
Galileo31 HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS,
CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Galileo31,
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, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Galileo31 AGAINST
LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Galileo31’s server;
(2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
(3) copyright infringement and any defective products sold to customer
from Galileo31’s server.
Galileo31 shall be the sole judge of what violates this Policy.
Account Ownership
Galileo31 is only responsible to the present owner of the Web hosting
space. We verify ownership by credit card number (if paid for by credit
card), name, address, email address, username, & password. If you give
this information to any other party or give access to your email address
on your account to another party, you risk having your Web site and any
other information on your account changed and/or deleted. We are not
responsible for any information on your account should you reveal this
information to another party who causes damage to your account and/or Web
site.
If you are a Web designer and you are not the person paying for the
hosting account we advise you to receive payment for your work before you
publish it to our servers. Once the Web site is published to our servers
the account owner has retained ownership of that content.
Domain Registration/transfer
It is your responsibility to verify that the registration of your
domain name is complete. And, when the domain name registration comes up
for renewal, the Domain Name Registration Company ordinarily will email
the contact for your domain to remind you it will soon expire. If you do
not keep your domain name's registration current, then the domain
registration will expire and the domain would then become available for
others to register. It is your responsibility to be certain that you keep
your domain name registered.
SPAM Policy
Galileo31 is committed to a zero-tolerance, anti-Spamming policy. Under
this policy, we prohibit Spam, or any unsolicited commercial email, from
being sent either: Over the Galileo31 network, by customers or any other
users of the Galileo31 network (including customers' customers); AND/OR
over ANY network— if the message sent advertises or mentions a site hosted
on the Galileo31 server.
We react quickly and seriously to violations, and we further reserve
the right to terminate the services, without prior notice, of any customer
disregarding this policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large number of usenet groups,
posting obscene or threatening messages while using or referring to an
Galileo31 email address or web site URL is prohibited. The use of
Galileo31 servers as a mail drop for responses to activities described
above is also prohibited. Accounts canceled due to spam will be billed a
"clean up" fee of $200.
Content Policy
All services provided by Galileo31 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, or
in violation of the laws of any country, is prohibited. This includes, but
is not limited to: copyrighted material, trademark, intellectual property,
material we judge to be threatening or obscene, material that advocates or
calls for the commission of crimes or civil harms to any person, group of
people, corporation, country, or any entity, or material protected by
trade secret and other statute without proper authorization. The
subscriber agrees to indemnify and hold harmless Galileo31 from any claims
resulting from the use of the service which damages the subscriber or any
other party.
Also prohibited are sites that promote any illegal activity or present
content that may be damaging to Galileo31 servers or any other server on
the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Any illegal activity, spamming or hacking will result in your site
being shut down and all your files deleted without warning.
Galileo31 will be the sole arbiter as to what constitutes a violation
of this provision.
Traffic Policy
You will be charged for data transfer that you use beyond the defined
data transfer limits without prior notification. All accounts are notified
via email when you have gone over your data transfer limit. You can
monitor your monthly transfer that you have used in the "Resources" area
of your control panel and you can add more data transfer (bandwidth) to
your account at any time. Please note that it is your responsibility to
monitor your data transfer usage.
Backups
Backups are made on a daily basis. No guarantees are made of any kind,
either expressed or implied, as to the integrity of these backups. Backups
are made for server restoration purposes only. It is the clients'
responsibility to maintain local copies of their web content or any other
information. If loss of data occurs due to an error of Galileo31, we will
attempt to recover the data for no charge to the client. If data loss
occurs due to negligence of client in securing their account or by an
action of the client, Galileo31 will attempt to recover the data from the
most recent archive for a $20.00 fee.
If you have any questions regarding our policies or services, please
contact us.
|
