Terms of Service
The payments made to Gnome Web Host are not refundable Gnome Web Host consents to providing its services to the clients, provided the following terms of service (TOS) and acceptable use policy (AUP) are met. You agree to accept both by agreeing to use the services of Gnome Web Host. While the AUP is subject to revision from time to time without any prior notice to the subscribers, the discretion to do so rests with the company. Further, customers also acknowledge that if the company makes changes to the AUP, the same will not constitute grounds for either non-payment of service charges or termination of the contract on an earlier date than agreed upon by the clients. In case any legal issue arises in the course of the contract, the same will be under the jurisdiction of the state of Illinois and will be construed according to the laws of the state.
The AUP, which is mentioned in the contract, does not approve of the use of the services for activities that are termed “illegal” as per the laws of the state. The Company reserves the right to disclose information related to the subscriber, either in part or in full, including account history, IP numbers or account use to law enforcement agencies on receiving a written request without informing the subscriber about it. Moreover, Gnome Web Host may also terminate its services in cases involving illegal activities.
By agreeing to the terms and conditions mentioned in this contract, the subscriber acknowledges that the information pertaining to the nature of service or service charges have been furnished to them and that they are aware of the Company's policy to make a revision in the service charges from time to time.
The services of the Company to the subscriber can be termed "established" only if the former receives the stated charges from the latter, and acknowledged via receipt. Subsequent payments in a month will be due on the same date of every month for a month's service. In addition, the subscriber consents to an automatic recovery of the service charges by the Company through their credit card on monthly basis. By virtue of it, Gnome Web Host may process the credit card of the client from one to five days prior to the original due date to ensure the smooth reception of funds.
If payment via the credit card of a subscriber is denied, a declination fee of $0.20 will be charged against the same. In addition, if the subscriber fails to make payment in 3 days post the due date, the services linked to their account will be automatically interrupted
Disputes related to refund:
All payments made to Gnome Web Host are nonrefundable and includes the setup fee at the beginning and subsequent charges, irrespective of the nature of use. The subscriber is required to report the issues related to billing disputes within 30 days from the actual date on which the issue had occurred. Any dispute to the amount charged by credit card issuer, which is deemed valid according to the TOS/AUP of Gnome Web Host, will lead to a $25 "Administrative Fee" to the subscriberalong with the termination of all active services associated with their account.
Failure to make payment:
In the event of non-receipt of payments that are due for a month, Gnome Web Host reserves the right to terminate the agreement. However, the subscriber will still remain liable to pay the accrued charges plus collection fees or reasonable interest.
If you wish to cancel your account, you may apply for the same by raising a helpdesk ticket, seven days before the due date. You are also required to provide all information related to your account. Interruption of services: Given the nature of the services provided by the Company, the subscriber acknowledges that there can be an interruption in the services due to various reasons. In the process, they also agree that the company is not liable to pay for any damages, loss or injury which may occur subsequently.
You will automatically receive the invoice at least seven days before the due date.
For the sake of convenience and in line with the needs of our customers, we provide 24x7 technical support to them by means of the web-based help desk. It remains open all the time, except for brief company meetings or some holidays. As the servers housed at the facility of the company are not managed, we ensure that the server is available on the internet. We neither provide support for issues related to any particular application like CGI Programming, HTML etc. nor any technical support for the clients of our customers.
Unsolicited commercial email and SPAM:
Gnome Web Host adopts a zero tolerance approach towards SPAM or unsolicited emails. In other words, the clients of the Company are not permitted to use its network for UCE transactions. The same holds true for their customers. Also, the customers should neither host nor permit others to host the sites or the information pertaining to UCE from any other network. Any breach of this policy may either lead to penalty or termination of the agreement. If Gnome Web Host receives a notification related to the violation of its SPAM Policy, the Company will at first, initiate an investigation within 24 hours during which, it may restrict the customer’s access to the server to prevent any further misuse or violation. If the customer’s involvement in the incident involving the breach of the policy is established in the course of the investigation, the company may either suspend, restrict or terminate their account. In order to recover the costs associated with the investigation, Gnome Web Host may pursue civil remedies. It may also notify the law enforcement agencies about the incident if any criminal offense is established in the course of the investigation. The first step will involve the charging of an "Administrative Fee" worth $50, and the account will be under review for an immediate termination if deemed necessary. A violation of the policy will result in an "Administrative Fee" of $100 and instant termination of the customer's account. Besides, a "Research Fee" of $175 will also be charged for carrying out the investigation of the matter by the personnel of Gnome Web Host. As it may prove to be expensive, we expect our customers not to SPAM from their account. To address the issue of SPAM, it is strongly recommended that our clients should use stricter policies for their customers in this regard.
We may immediately remove the account of such customers from our server who host websites or services which support spammers or may cause our IP space being listed on any Spam Database. Subsequently, the server will remain disconnected until the concerned customer agrees to fully remove the offending material as soon as the connection is established. We may ask for the access to the server to verify the same. While first violation will result in severe penalties on the part of the customer, repetition of the same will lead to permanent removal of their account immediately without any notice.
Gnome Web Host will have the right to control the internet protocol addresses assigned to its clients, meaning that the customers will have no right to use them in ways other than the ones permitted by the company in the agreement. Furthermore, the company reserves the right to change or remove the assigned internet protocol addresses without any notice. As a standard rule, all IPs allocated to the customers should be used within 48 hours. In case the same does not happen, the company may retract them at its sole discretion without any notification to the client.
The use of the bandwidth:
The company will keep an eye on the bandwidth used by its clients. It may take a punitive action against a customer if the use of bandwidth by them has a negative impact on other clients.
The account of a customer will be immediately terminated if it is established in the course of an investigation that they have violated the acceptable use policy for the second time.
Security of the system and network:
Any violation or undesirable action linked to the network or system security of Gnome Web Host will be treated as a crime and may result in criminal or civil liability. These include any unauthorized attempt to access the data, any breach of security protocol or authentication measures, interference in the network of other users via flooding, overloading, crashing, mail bombing or taking any unauthorized action. If required, the company will fully cooperate with the law enforcement agencies in cases involving severe violation of this policy.
The manner of notification:
Gnome Web Host does not assume or undertake the responsibility to police the internet activities of its client. However, if a violation of the policy comes to the notice of the company officials, the customer will receive a warning email regarding it and the services may be temporarily discontinued until the customer gives an assurance in writing to the company that the same will not be repeated in future. If at the subsequent stages, the customer is found to have repeated any incident involving violation of the acceptable use policy, they will be subjected to a severe penalty other than the instant termination of their account. Sometimes the company may terminate the agreement at first and inform the customer later as a last resort if an offending activity by them causes great harm to others on the internet.
Gnome Web Host may at its sole discretion, either restrict or block the entire outgoing SMTP traffic if a malicious behavior is detected. By doing so, the company will not be liable or responsible for the degradation of the service due to the move. The use of SMTP traffic may be allowed if a customer provides legitimate reasons or evidence for the same. Cancellation or suspension of service: Gnome Web Host reserves the right to suspend or cancel its services to its clients whose servers are found to be the source of violation of the aforementioned policies. The company does not assure a prior notification to its customers. It may also reach out to law enforcement authorities in cases involving criminal offenses as per the local laws.
Revision to the TOS:
The company reserves the right to revise its policies from time to time at its sole discretion. Moreover, the subscribers are expected to comply with the amended policies failing which, their accounts may be suspended or terminated as deemed fit in the investigation.
By agreeing to the AUP, the clients of Gnome Web Host agree to indemnify the company for any infringement of any policy either related to its AUP or TOS that causes a loss in any manner due to third-party. What it means is that a customer will be liable to bear the financial expenses of any damages and attorney's fees in the event of a third party suing the company due to their action. Notwithstanding the nature of service, the customers also agree to relieve the company of any losses caused to them due to the discontinuation of service depending upon any reason out of all the reasons mentioned in the contract.
The customers agree to keep the company updated with their current contact information which includes their telephone number, fax number, and email address. This agreement prohibits them from transferring or assigning the agreement to any other part without the prior written consent issued by the company Gnome Web Host does not undertake any responsibility related to material input, damages to any of its client's business or the content of any other website linked to its network. The company will also not be liable for the loss of data or merchantability or warranty for the same.
ACCEPTABLE USE POLICY IMPORTANT NOTICE:
Payments made to Gnome Web Host are non-refundable The following constitutes the violation of the acceptable use policy (AUP) of Gnome Web Host: Unauthorized usage: The unauthorized use of any of the services provided by Gnome Web Host is considered as a major violation to its AUP. As a result, the company reserves the discretion to cooperate with concerned third parties or legal authorities to initiate an investigation if any civil wrongdoing or crime is suspected.
Threats include the misuse of features, like e-mail, posting, uploading, and on, offered by the company to encourage or cause bodily harm or loss of property.
It includes the unauthorized use of email or posting services to transmit any material to harass another person intentionally or deliberately.
Impersonation or forgery:
The manipulation or modification of any information pertaining to the header with the objective to mislead or deceive others is strictly prohibited as it violates the acceptable use policy of the company.
Any unauthorized usage of Gnome Web Host’s services comprising offers to buy or sell items or services or advance any financial scam are included in this category.
SPAM or unsolicited commercial email:
Any unauthorized use of Gnome Web Host’s services for the purpose of transmission of unsolicited bulk or commercial email may lead to the instant termination of the account of the offender.
If a user makes use of the email services in a way that impedes the use of the email by other user or users of the company’s service, the offender’s account will be immediately terminated without any notice.
The manipulation or forging of the message headers either partially or fully is strictly prohibited. The company has a zero tolerance approach towards such unethical practices. Any electronic transmission of such content will be treated as the violation of the company’s AUP.
On no account are the customers allowed to post messages or commercial advertisements that infringe the rules and regulations of a mailing list or newsgroups. Only those commercial messages that are solicited or accepted by the recipients are permitted.
Copyright infringement and unauthorized access:
Gnome Web Host expressly prohibits any attempt to steal or access the data or content of other users. The same applies to the telecommunication and electronic communication system and hardware or software of another entity. Similarly, the customers are expected to adhere to the laws related to copyright infringement of the content which belongs to any third party. That is to say that the clients of the company should not misuse any of the company's services to transmit materials that violate the copyright, patent, trademark, proprietary rights or trade secret of any third party.
Unfriendly practices or activities:
Network disruptions or denial of service attacks is a big no no on the network of Gnome Web Host. Practices like spamming, trying to get into the server of others, electronic transmission of viruses or adult content, undesirable use of any software or IP addresses, gambling are expressly prohibited. If the involvement of a customer in any such activities is established, the company will impose a severe penalty on them, and may even go to the extent of prosecuting them depending upon the seriousness of the incident.
Hosting the game servers, direct connect clients, bots or internet relay chat networks, services that cause denial of service attacks, traffic exchange, plex hosting or streaming, the use of proxies or VPNs for any other use other than personal usage, CCCam/OSCam/MultiCS, transmission of torrents/bittorrent, etc. are not allowed.
Breach of security:
Actions that are aimed at violating the security of Gnome Web Host's system will lead to instant termination of all services provided by the company.
The CPU resources allocated to the VPS are shared. Thus, it will be shut down if it surpasses the load of 8.00. Also, VPSs that exceed the load average of 3.00 on an hourly basis will be either automatically shut down or restarted.