"When your work speaks for itself, don't interrupt." ~ Henry J. Kaiser

Terms & Conditions

By using web hosting services provided by GMB WebWorks, you agree to comply with the following Terms and Conditions.

Content:

All services provided by GMB WebWorks 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, and invasion of privacy. The subscriber agrees to indemnify and hold GMB WebWorks harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Sites that promote any illegal activity or present content that may be damaging to GMB WebWorks servers or any other server on the Internet are prohibited from using our servers. GMB WebWorks will be the sole arbiter in determining violations of this provision. Links to such materials are also prohibited.

GMB WebWorks does not accept sites with the following content/links on our server:

Accounts that are found to contain such content are subject to immediate suspension and/or termination without notice. We reserve the right to add to, modify, or otherwise adapt this list at our discretion. GMB WebWorks will be the sole arbiter as to what constitutes a violation of this provision.

Reselling/subhosting prohibited:

Hosting sites or domains other than your own with your hosting account, as determined absolutely and solely at GMB WebWorks' discretion (verified via domain WHOIS lookup), is not allowed. We do NOT allow clients to set up sites for others (such as friends, the public, etc.) in subdomains, folders, or otherwise on their hosting account with us. We reserve the right to cancel/terminate additional domains and/or the entire hosting account with us at our discretion for violations of this clause. Unauthorized resale or use of GMB WebWorks hosting features and/or services is NOT allowed.

Unsolicited Email

Spamming, or the sending of unsolicited email, from a GMB WebWorks server or using an email address or domain that is maintained on an GMB WebWorks machine as reference is STRICTLY prohibited. GMB WebWorks will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any GMB WebWorks server. Any complaints concerning unsolicited email from your account will result in your account being suspended. If the complaint is judged to be valid (at the sole discretion of GMB WebWorks), your account for the offending domain will be terminated.

Mailing Lists/ Newsletter Subscriptions:

If email addresses are collected on your site, you must ensure that the only email addresses on your mailing lists are from people who have knowingly and willingly subscribed, via either a confirmed opt-in (sometimes referred to as 'double-opt-in') process or a paid subscription process.

For purposes of these Terms of Service, Confirmed opt-in works like this:

A new subscriber asks to be subscribed to the mailing list, but unlike unconfirmed opt-in, a confirmation e-mail is sent asking if it was really them. The person must not be added to the mailing list unless an explicit step is taken, such as clicking a special web link or sending back a reply e-mail. This ensures that no person can subscribe someone else out of malice or error.

Disk Space and Bandwidth:

Bandwidth and disk usage approaching the account limits as stated in the registration form will be brought to the account owner's attention. If you surpass the amount of bandwidth included with your plan, we would be happy to discuss a hosting plan upgrade with you. Accounts are automatically disabled when the monthly bandwidth quota has been exceeded.

Misuse of System Resources:

Any attempt to undermine or cause harm to a server or customer of GMB WebWorks is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services by unauthorized persons, misuse of mail forwarding capabilities, or using autoresponders other than for the customer's own account; resale of disk space without an appropriate agreement; or resale or remote access to CGI scripts installed on our servers. Accounts that are found to be in violation of this provision are subject to immediate suspension and/or termination without notice.

Payments:

Accounts are payable at the time the account is created. If payment by check or money order is selected, payment must be received prior to account activation. Any account reaching thirty (30) days past due is subject to removal from our servers at our discretion.

If your hosting payment is delinquent, or your PayPal payment is denied for any reason, you will receive an email informing you of the problem. If you do not provide alternate payment arrangements within 48 hours of that notice, your account will be suspended. You will have 14 calendar days to resolve the situation and provide payment arrangements. If we do not hear from you within 14 calendar days, your account will be deleted from our system. GMB WebWorks is not responsible in any way for any loss of revenue or business due to account suspension or deletion.

Cancellation:

Account renewal is automatic until cancelled by the account holder. All accounts will be renewed according to the term selected upon account signup (monthly or annually). There are no refunds on accounts paid on a monthly basis. Refunds on accounts paid yearly will be prorated based on the date of cancellation.

Cancellation requests must be and may only be submitted via our cancellation form at http://gmbwebworks.com/cancel.php. Cancellation requests must be received by the 15th of the month BEFORE your upcoming hosting renewal in order to cancel for the following hosting term (monthly or annually). If notice is received later than the 15th, billing for the hosting renewal will still be processed. All fees paid for service up to the notice of cancellation are non-refundable.

Suspension/Deactivation:

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension at the sole discretion of GMB WebWorks.

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 of GMB WebWorks must adhere to the above policies. Please direct any reports of violations of the above policies to .

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

Banned Scripts/Programs:

Certain scripts/programs are not allowed to be used on the GMB WebWorks servers. This is due to excessive demands on server resources that can degrade performance for other hosting clients. The following are BANNED from use on our servers:

ANY CGI-script powered chat room or bulletin board, including but not limited to:

No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, maintaining, or providing access to IRC servers or channels. Questions regarding the use of scripts should be directed to . Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice. We reserve the right to modify this list at our discretion.

Limitation of Liability

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

Violations

Violations of these Acceptable Use Policies should be referred to . All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

GMB WebWorks cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by GMB WebWorks are resold. Thus, certain equipment, routing, software and programming used by GMB WebWorks are not directly owned or written by GMB WebWorks. Moreover, GMB WebWorks holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions may result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as GMB WebWorks sees fit.

Account Activation

By activating your account with GMB WebWorks, you agree to the above terms and conditions. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request and maintained with your account information.

NOTICE:

If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, at our discretion, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

November 2024
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