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Terms Of Service Agreement

GorillaHost.com. provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of GorillaHost.com are subject to the following terms of service:

BILLING:

At this time we bill either bi-annually or annually (6 months or a year). If you are not satisfied within your first 30 days we would be happy to provide you with a full refund. We accept Visa, Master Card and American Express. We also accept checks and money orders. Please note that we will setup your account and email your login information upon receipt of payment.

For future billing, GorillaHost.com will send you a bill via email notifying you of the amount due. At that time, we will automatically debit your credit card for the amount due. If you paid originally by check, we will provide you with the address where payment needs to be sent. Should you desire to update your credit card information, please contact us and we would be glad to assist you.

Non-U.S. Clients: Non-U.S. clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. However, if you would like to pay some other way, please let us know and we will do our best to accommodate you.

Delinquent Accounts: Your email billing will notify you of the due date for your payment. If payment is not received by that due date, we will suspend your account. We will then notify you of this via email. If we still do not hear from you within a week we will automatically delete your account from our servers.

If you know that you are going on vacation (or will be away for an extended period of time) and a billing cycle is approaching you need to notify us in order to make other payment arrangements or pay ahead of time. We will work with you, but we must be notified or else you risk losing your server. With as many accounts as we have, we do not have the time or manpower to track down delinquent accounts. We would much rather spend that time helping clients with hosting issues or adding new features to our services. So, please, make every effort to submit payments in a timely manner.

Bounced Checks

Should your check payment bounce, you will be charged a fee of $25 in addition to your already existing balance.


RESTRICTIONS ON CONTENT:

All services provided by GorillaHost.com 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, material we judge to be
threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless GorillaHost.com and its
employees from any claims resulting from the use of the service which damages
the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all GorillaHost.com
servers.
This includes sites that may infer sexual content, or links to adult content
elsewhere. GorillaHost.com will be the sole arbiter in determining violations of this
provision and client will, by signing up for GorillaHost.com's hosting services, be deemed in agreement with this policy and agree to be soley responsible for any fines, fees, charges that might be imposed by a court of law or any legal institution resulting from any
spamming performed by the client or its clients.

Any illegal MP3 archives, downloads and streaming is strictly prohibited in any shape or form. GorillaHost.com will not allow users to store, offer downloads or streaming of illegal mp3s, or those audio files violating copyright law. This would also appy to video files. We do allow audio or video files that are covered by copyright law (for instance, midi songs you've created, songs recorded by your band or home movies.)

Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to GorillaHost.com 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

GorillaHost.com will be the sole arbiter as to what constitutes a violation of this provision. Sites found to contain (or contain links to) pirated software, hacking or hacker programs will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it.

Transfer (Bandwidth):

Each account is allowed 2GB of transfer per month. Should a client exceed 2GB of transfer in any given month, there will be an excess charge of $10/GB over that amount. It should be noted that we have not yet had an instance where a client has been billed for extra transfers. Most of our clients don't even come close to 1GB of transfer per month. Please let us know if you have any questions about this and we would be glad to assist you.


Commercial Advertising - Email:

GorillaHost.com is a Virginia corporation. Since spamming is illegal in Virginia we cannot afford to let spam mail pass through our servers under any circumstances.
If you plan on using your account for unsolicited, bulk emailings please stop right here and do not sign up for an account with us.
Should we discover that you are spamming, your site will be immediately deleted without notice and no refund of any fees paid in advance will be made.

Spamming, or the sending of unsolicited email, from an GorillaHost.com server or using an email address or domain that is maintained on an GorillaHost.com machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. GorillaHost.com will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms:

We do not allow clients to install their own chat rooms. These tend to be a large
drain on system resources and we cannot allow it as an account option.

Background Running Programs:

We may allow programs to run continually in the background. These are
considered on a case-by-case basis and an extra charge will be incurred based
on system resources used and operational maintenance needed.

IRC:

We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse:

Any violation will result in immediate deletion of a site from our servers without notice and refund of any fees paid in advance.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

LIMITATION OF LIABILITY:

GorillaHost.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from GorillaHost.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, GorillaHost.com 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 GorillaHost.com servers. All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to help@gorillahost.com.

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Money Back Guarantee:

GorillaHost.com is pleased to offer a money-back guarantee should you become unsatisfied within 30 days of your account activation. We do not refund InterNIC registration fees. Furthermore, GorillaHost.com will not and can not be responsible for any fees that you charge for your services to your customers. GorillaHost.com will only grant a refund after the first 30 days if we are at fault for not providing you with the services promised on our hosting page. General dissatisfaction with our services is not acceptable for a refund after the initial 30-day trial period has expired. We will only grant you a refund if we have exhausted every possible opportunity to remedy any problem you may be having with our services.

Please Note: We only issue refunds via check and will make special arrangements with those in foreign countries who cannot accept U.S. checks.

DISCLAIMER:

GorillaHost.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by GorillaHost.com are resold. Thus, certain equipment, routing, software, and programming used by GorillaHost.com are not directly owned or written by GorillaHost.com. Moreover, GorillaHost.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as GorillaHost.com sees fit.

ACCOUNT ACTIVATION:

By signing up for any of the services offered by GorillaHost.com, client agrees to hold GorillaHost.com and any and all of its officers, directors, stockholders and employees safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by client in connection with clients utilization of any and all services provided by GorillaHost.com. The transfer of a domain owned by a client to a server utilized by GorillaHost.com or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by GorillaHost.com by client regardless of whether or not client has paid for said services at any given time.

NOTICE:  Aside from spamming and hacking, which provides no warning, we will let you know by email or phone before any action is taken so that you have a chance to solve the matter.

FURTHERMORE, GorillaHost.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

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