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Terms Of Service and Acceptable Use
The Internet is a powerful information and entertainment tool, we would expect our customers to use the Internet with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users.
ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT GM-INNOVATIONS' DISCRETION.
GM-Innovations shall not be liable for loss of data under any circumstance.
Repeated attempts to obtain hosting after denial will result in your payment not being refunded. It will be considered a processing fee.
GM-Innovations is a very careful and secure company and WE WILL check your customer input to confirm your information. Any irregularities will be cause for refusal. We do not have instant activation for this reason. But we do have HIGHLY satisfied customers on a clean service!
No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY sites, Illegal or blatantly offensive material (or promotion of the aforementioned sites) or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible. Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.
GM-Innovations will make every effort to support information for configuring popular network/web software to use Internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on GM-Innovations's part to tutor the necessary skills to utilize that service, only to provide system-specific information.
In the interest of simplicity, consistency and most important of all...ensuring that technical support time is properly used, GM-Innovations will no longer support the installation of any SSL's other than its own.
Accounts will be billed in advance for the month of service. If you sign up and receive service today, we will bill you today for the next 30 (or 28/31) days for service. No refunds will be processed without "cause" . Accounts are invoiced 24 hours in advance of payment processed. You will be notified by e-mail to the address you signed up with for services of success or failure. If billing fails and we are unable to process payment for over 72 hours we will suspend services without further notice. If we are still unable to collect 7 days past payment due date we reserve the right to terminate the account and all files on our services without recourse.
All outstanding debts (if applicable) must be paid at the time of termination of hosting services. If not done, any future monthly payment subscriptions that may have been setup and paid by you will be applied towards any unpaid balances.
GM-Innovations is not responsible for cancelling monthly payment subscriptions at the time of hosting cancellation. Any subscription payments received by us after hosting services are cancelled will first be applied to any outstanding balances and the remaining (if applicable) will then be refunded.
Delivery of Service Policy
Orders to GM-Innovations will be processed, and services provisioned, within 24 hours of receiving payment for shared hosting, and 3 days for dedicated servers..
If your website and/or email becomes unavailable due to reasons at your facility (or related), We will offer a refund for 2X the amount of time lost regardless of duration of downtime for any reason NOT related to customer error up to 100% of monthly charges refunded.
We offer a 30 day money back guarantee for cause on all hosting, reseller and dedicated services plans. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us we will be more than happy to give you a refund. Secure server certificate and domain registration fee's ARE ALSO NOT REFUNDABLE.
CANCELLATIONS MUST BE PROVIDED 30 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES
Cancellation may be requested from your account area - go to the details page of the service you wish to cancel.
a) What if we sign up for 1 year in advance? Is refund available, is it full, prorated or percentage-based?
See above for specific service policy's. When offered, the refund is Prorated to the next months billing. If you sign up for a year at $120.00 and want to leave after 1 month we will refund $108.00 (11/12's of the purchase price). Same situation, you sign up for a year at $120.00 and leave after 45 days you could be eligible for a refund of $96.00 (10/12's of the purchase price) se you are already into the second month of service and that has already been accounted for.
b) Is there a timeline where refund eligibility becomes void? No
GM-Innovations accepts the following payment methods: Mastercard, Visa, Alertpay, Liberty Reserve and PayPal.
GM-Innovations follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click HERE to read the privacy statement.
This Agreement states the terms and conditions by which GM-Innovations will deliver and Customer will receive any or all of the services provided by GM-Innovations, including dedicated servers, bandwidth, managed services and professional services. The specific services and/or products to be provided hereunder are identified in the order Form or First Invoice are applicable to this agreement. GM-Innovations will provide the customer the services and/or products as described in the order form or First invoice at the usage prices mentioned in Invoice.
Delivery of Services; Terms; Fees
By submitting an Order Form, placing an order through our website, or by verbally asking GM-Innovations to provide services Customer agrees to take and pay for, and, by accepting the Order Form / not disputing the first invoice within one week of invoice date, GM-Innovations agrees to provide, the Service's described in the order form or the first invoice.
The purpose of this provision is to enable GM-Innovations to provide Customer with certain limited services and equipment needed by Customer on a one-off or emergency basis (Supplemental Services) where such services are not included within the scope of the Services as described in the order form / First invoice. All requests for Supplemental Services should be made via the GM-Innovations support system. GM-Innovations will quote for the associated charges and seek customer’s approval before providing any Supplemental Services. Customer agrees to pay GM-Innovations the fees charged by GM-Innovations for Supplemental Services. Customer will be charged for Supplemental Services upon delivery of such serives. GM-Innovations will use commercially reasonable efforts to provide Supplemental Services, provided that GM-Innovations has no obligation to determine the need for or provide Supplemental Services. All Supplemental Services provided pursuant to this paragraph 2.1(b) are provided on an as-is basis and exclude warranties of any kind, whether express or implied.
Unless otherwise mentioned on the Order Form / First Invoice, all services are provided on a month-to-month basis.
(a) Acceptable Payment Methods: GM-Innovations accepts payments via:
* Credit Cards: GM-Innovations accepts Visa and Master Card. Please note that on your credit card statement, charges would appear as either GM-Innovations, Inc. or GM-Innovations.
* PayPal: GM-Innovations accepts payment via PayPal.
(b) Payment Terms:
All payments towards monthly services are due and payable by the due date mentioned on the invoice. The date of your first order with GM-Innovations would be your monthly billing anniversary and all future orders would be prorated to this day.
All other charges for Services received and expenses incurred for Professional Services during a billing period (e.g., bandwidth usage fees, server administration tasks) will be billed either on the day service is delivered or at the end of the billing period in which the Services were provided. Payment for all such fees is due upon receipt of each GM-Innovations invoice.
All payments should be made in US Dollars.
Any payment not received within three (3) days of the due date will be considered late and would result in service interruption. Services interrupted due to late payments would be reinstated only after receiving the overdue amounts in full, a re-connection fee of $50.00 and a late fee of $25.00 or half percent (0.5%) of the outstanding amount whichever is higher. GM-Innovations will have rights to decommission the equipment. GM-Innovations would not be responsible for any loss of data that may occur due to suspension of services.
(c) Refunds and Disputes:
All payments to GM-Innovations are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days from the date of invoice. If you dispute a charge to your credit card issuer that, in GM-Innovations sole discretion is a valid charge under the provisions of the TOS, GM-Innovations, at its own discretion, may suspend services on your account. Reactivation of suspended services would result in a charge of $100.00 or one (1%) of the outstanding amount. GM-Innovations reserves right not to reactivate a suspended account.
(d) Failure to Pay:
GM-Innovations strongly suggests that to cancel your account, you follow the Termination process. GM-Innovations reserves the right to report any default in payment to a collection agency.
Either party may terminate this Agreement by providing a written notice, at least one week (7 days) but not more than thirty (30) days in advance to the other party. The Customer may send termination notice to GM-Innovations by using the 'Request Cancellation' button in their account area, here.
Neither party will be liable to the other for any termination or expiration of any Service or this Agreement in accordance with its terms. However, if Customer terminates this Agreement, under the terms that are not in accordance with the terms of this Agreement, Customer would be liable to pay the balance monies payable to GM-Innovations for the remaining term of the Agreement.
GM-Innovations is responsible only for hardware and network related issues. Customer acknowledges that, unless Customer subscribes to a Support Services package, GM-Innovations provides only limited Basic Support for any Operating System and Control Panel software related issue. This support is limited to 2 hours of support per server or maximum of 4 support requests in a billing period. This Basic Support offered is limited to responding to the issues reported by the Customer. GM-Innovations does not provide support for any third party applications.
The GM-Innovations Supplied Equipment shall always remain the personal property of GM-Innovations. Customer shall have no right or interest in or to the GM-Innovations Supplied Equipment except as provided in this Agreement and shall hold the GM-Innovations Supplied Equipment subject and subordinate to the rights of GM-Innovations. Customer will, at its own expense, keep the GM-Innovations Supplied Equipment free and clear from any liens or encumbrances of any kind (except any caused by GM-Innovations) and will indemnify and hold GM-Innovations harmless from and against any loss or expense caused by Customer's failure to do so. Customer shall give GM-Innovations immediate written notice of any attachment or judicial process affecting the GM-Innovations Supplied Equipment or GM-Innovations ownership. Customer understands and agrees that GM-Innovations does not guarantee and will not be responsible for any performance related issues Customer my experience by using GM-Innovations Supplied Equipment.
Customer agrees that the security of its account is solely its own responsibility. Customer understands that Internet and other various networking communication medium are not secure, unless explicitly specified as such, and may be subjected to interception or loss. GM-Innovations makes no warranties of any kind, express, implied or statutory concerning the data or information available through the GM-Innovations' network. In no event will GM-Innovations be liable to the customer for any indirect, incidental or consequential damages arising out of the services or any products provided under this agreement, even if the company has been advised of the possibility of such damages. Customer further agrees that if it believes the security of its account has been compromised in any way, it will notify GM-Innovations immediately by email. Customer shall be held fully responsible for any misuse or compromise to its account for which GM-Innovations is not properly notified. Customer agrees that if any security violations are believed to have occurred in association with its account, GM-Innovations has the right to suspend access to the account pending an investigation and resolution. Customer also agrees that GM-Innovations has the right to co-operate in any government or legal investigation regarding any aspect of its services, including services sold to Customer.
In case of customer being delinquent on its payment for services provided by GM-Innovations, GM-Innovations has full right to deny access to, stop services and possess / assume title of Customer's equipment and its contents and sell it to recover the payable amount to GM-Innovations.
Limitations of Liability
In no event will GM-Innovations would be liable or responsible for any type of incidental, punitive, indirect or consequential damages, including, but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, even if advised of the possibility of such damages, whether arising under theory of contract, tort (including negligence), strict liability or otherwise.
The parties acknowledge that GM-Innovations has set its prices and entered into this Agreement in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential basis of the bargain between the parties. The parties agree that the limitations and exclusions of liability and disclaimers specified in this Agreement will survive and apply even if found to have failed of their essential purpose.
Customer will indemnify, defend and hold the other harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys' fees) (collectively) resulting from any claim, suit, action, or proceeding (each, an "Action") brought by any third party against the other or its affiliates alleging.
* The infringement or misappropriation of any intellectual property right relating to the delivery or use of the Service's (but excluding any infringement contributory caused by the other party).
* Any violation of or failure to comply with the Rules and Regulations. Customer will indemnify, defend and hold GM-Innovations, its affiliates and customers harmless from and against any and all Losses resulting from or arising out of any Action brought against GM-Innovations, its affiliates or customers alleging any damage or destruction to the Customer Area, the Internet Data Centers, GM-Innovations equipment or other customer equipment caused by Customer, its Representative's or designees.
* Force Majeure: Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of GM-Innovations).
* Marketing: Customer agrees that during the term of this Agreement GM-Innovations may publicly refer to Customer, orally and in writing, as a Customer of GM-Innovations. Any other reference to Customer by GM-Innovations requires the written consent of Customer.
* Non-Solicitation: Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inactions of GM-Innovations).
* No Third Party Beneficiaries: GM-Innovations and Customer agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or the customers of Customer.
* Governing Law; Dispute Resolution: This Agreement is made under and will be governed by and construed in accordance with the laws of OR, USA. The parties will endeavor to settle amicably by mutual discussions any disputes, differences, or claims whatsoever related to this Agreement. Failing such amicable settlement, any controversy, claim, or dispute arising under or relating to this Agreement, including the existence, validity, interpretation, performance, termination or breach thereof, shall finally be settled by arbitration. There will be three (3) arbitrators (the Arbitration Tribunal), the first of which will be appointed by the claimant in its notice of arbitration, the second of which will be appointed by the respondent within thirty (30) days of the appointment of the first arbitrator and the third of which will be jointly appointed by the party-appointed arbitrators within thirty (30) days thereafter. The language of the arbitration shall be English. The Arbitration Tribunal will not have the authority to award punitive damages to either party. Each party shall bear its own expenses, but the parties will share equally the expenses of the Arbitration Tribunal. This Agreement will be enforceable, and any arbitration award will be final, and judgment thereon may be entered in any court of competent jurisdiction. The arbitration will be held in OR, USA. Notwithstanding the foregoing, claims for preliminary injunctive relief, other pre-judgment remedies, and claims for Customer's failure to pay for Services in accordance with this Agreement may be brought in a court of law over the subject matter and parties.
* Severability Waiver: In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
* Assignment: This Agreement shall not be assignable by Customer without GM-Innovations's prior written consent. GM-Innovations may assign the Agreement in whole or in part. This Agreement shall be binding upon and accrue to the benefit of any permitted assignee, and any such assignee shall agree to perform the obligations of the assignor.
* Notice: Any notice or communication required or permitted to be given hereunder may be delivered by hand, deposited with an overnight courier, sent by email, confirmed facsimile, or mailed by registered mail, return receipt requested, postage prepaid, in each case to the address of the receiving party as listed on the latest invoice or at such other address as may hereafter be furnished in writing by either party to the other party. Such notice will be deemed to have been given as of the date it is delivered, mailed, emailed, faxed or sent, whichever is earlier.
* Relationship of Parties: GM-Innovations and Customer are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between GM-Innovations and Customer. Neither GM-Innovations nor Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein. Authorized representatives of Customer and GM-Innovations have read the foregoing and all documents incorporated therein and agree and accept such terms effective as of the date first above written
Use of GM-Innovations Service constitutes acceptance and agreement to GM-Innovations AUP as well as GM-Innovations TOS (Terms of Service)
GM-Innovations reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of GM-Innovations Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).
*Payments To GM-Innovations have a 30 day money back guarantee for cause*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. GM-Innovations may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your GM-Innovations account or other actions as detailed below without notice, based upon the nature of the violation. As noted on the site, legal Adult Content is allowed.
Shared Hosting only Customers
Please remember, your unlimited E-Mail Services and/or subdomains are for YOUR use. They are not intended to be used for re-sale or promotional offerings.
This document is intended to provide a basic understand of GM-Innovations Acceptable Use Policy. The following are guidelines for the establishment and enforcement of GM-Innovations AUP. If a GM-Innovations account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.
The following constitute violations of this AUP:
GM-Innovations services may not be used for illegal purposes, or in support of illegal activities. GM-Innovations reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Any content that is considered hateful or offensive, racial, ethnic, has illegal sexual content; or is defamatory, libelous, or invades another person's privacy or proprietary right will not be tolerated and will be grounds for immediate termination of your hosting account. (This includes posting defamatory/erroneous information regarding GM-Innovations.com in public forums and/or on any websites hosted with us).
Disclosure, reproduction or use of any communication (email correspondance, forum posting, or other method of communication) by GM-Innovations to its clients in whole or in part is strictly forbidden. Our correspondance to our customers is considered confidential and may result in termination of services if this occurs.
Harm or Endangerment to other people
You may not use GM-Innovations service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use GM-Innovations service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Forgery or impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited E-mail, News Bombing (SPAM)
Use of the GM-Innovations service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate suspension of the offending GM-Innovations account. Spam complaints will be sent to the e-mail address on file. Failure to respond to complaints within a 24 hour time frame will result in the GM-Innovations staff suspending the offending account by whatever means necessary. Should the account become reactivated without the express written consent of GM-Innovations, the offending account will be immediately terminated, and may result in suspension / termination of the server itself. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending GM-Innovations account.
SafeList's and Mailing Lists : GM-Innovations will allow Double opt-in safelists/mailing lists, but reserves the right to request that these type of sites be moved to dedicated servers as they do tend to use a great deal of resources. We also require that these be carefully policed and comply with all state (Oregon) and federal (United States) law (regardless of where the site ownership is located). Failure to abide by these laws constitutes a violation of our TOS/AUP and termination will be enforced without exception or limits.
Shoutcast and Gaming: Prohibited for Shared Hosting and Reseller Customers ONLY (Does not apply to Dedicated Servers other than legal restrictions), see below:
GM-Innovations will allow Shoutcast, Gaming and Torrents (dealing in and only in legal and non-copywrite restricted material) as long as they are on their own dedicated servers. These types of sites use a great deal of resources and can't be supported through our website or reseller programs. We also require that these be carefully policed and comply with all state (Oregon) and federal (United States) law (regardless of where the site ownership is located). Failure to abide by these laws constitutes a violation of our TOS/AUP and termination will be enforced without exception or limits.
Copyright or trademark infringement
Use of the GM-Innovations service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the GM-Innovations service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Use of the GM-Innovations service for any activity which affects the ability of other people or systems to use GM-Innovations Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. GM-Innovations will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. GM-Innovations, does not allow the hosting of IRC, IRC Bots, or eggdrops or Unauthorized SHELL programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the GM-Innovations service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of GM-Innovations or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending GM-Innovations account is subject to immediate termination.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
GM-Innovations accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
Intimidation and Threats
Intimidation, threats, abuse or aggression towards our staff is not acceptable. We reserve the right to a professional relationship with out clients, and will always provide you with the same.
Abuse of staff, intimidation of staff, threats to staff or aggression towards staff may result in termination of your account.
REPORTING VIOLATIONS OF GM-Innovations AUP
GM-Innovations requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@GM-Innovations.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.
GM-Innovations will charge a $200.00 site cleanup fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED AT GM-Innovations's $75.00 PER HOUR.
Limitations of Liability
- GM-Innovations operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
- We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
- We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where GM-Innovations must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
- GM-Innovations and its content are provided "as is", with no warranties whatsoever. All representations and/or warranties of any kind, either expressed, implied or statutory, including, without particular limitation to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed to the fullest extent permitted by law. All clients acknowledge that any warranty that is provided in connection with any product and/or service available through GM-Innovations is provided solely by the owner, advertiser, or manufacturer of that product and/or service, and not by GM-Innovations.
- You agree that all access and use of GM-Innovations and the content thereof is at your own risk. In no event shall GM-Innovations be liable for (a) any lost data or content, lost profits, business interruption or for any direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the network, systems, tools, software or the services provided hereunder, even if company has been advised of the possibility of such damages, or otherwise for any such claim, (b) for any damages or costs arising from any third party actions, failure to act, or delay in performing any obligation whatsoever, or (c) any customer web site or any content on such web site, or out of any errors or omissions in the content thereof. You agree that your sole remedy for dissatisfaction with this website, site-related services, products, tools and/or content contained within the web site, or with the extent to which such web sites are "up" or are available for access by you or other users of the internet, is to stop using our services, without limiting the generality of the foregoing, GM-Innovations shall not be liable for personal injury or property damage.
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or nonpayment. Please check back regularly for any updates.
Use of GM-Innovations Service constitutes acceptance and agreement to GM-Innovations AUP (Acceptable Use Policy) as well as GM-Innovations TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to GM-Innovations, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of GM-Innovations.
Acceptance of Contractual Agreement
- Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by GM-Innovations, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
- GM-Innovations will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
- In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay GM-Innovations any additional fees as specified in the Service Description.
Establishment of this service is contingent upon receipt of payment from Customer to GM-Innovations . Subsequent payments are due on the anniversary date of the month for that month’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. A late fee of 20% of the monthly hosting payment will be assessed for accounts if not received within 3 days of due date. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by GM-Innovations will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00)
GM-Innovations may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
All requests for canceling any service / services must be made at least 30 days notice but not more than 60 days prior. Cancellation may be requested from your account area - go to the details page of the service you wish to cancel. Submissions must include the ORIGINAL address used to sign up for services (as a security precaution). Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 8AM to 5PM EST Monday - Friday
Refunds and Disputes
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks or reversals through PayPal, will be at GM-Innovations discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
Special Scripting Requirement
Shared hosting customers using the Cash Crusader scripts must at all times adhere to any requirements which may be listed in their CPanels for the use of these scripts. These may include mandatory script settings for the sendmail feature and runner url. GM-Innovations reserves the right to change these settings at our discretion if we see that this requirement is not being met. If you have questions regarding this policy, please email us here.
Litigation and Legal Action
Tthe client agrees that for purposes of venue and jurisdiction the understanding regarding services was entered into and performed in Linn Couny, OR, and any dispute will be litigated or arbitrated in Linn County, OR. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Linn County, OR Courts.
Hosting, Reseller and Dedicated services
Are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $75 an hour labor fee, billed in 1 hour increments during office hours between 8:00am – 5:00pm M-F (EST). GM-Innovations reserves the right to perform maintenance, security checks, or management without client initiating such request. GM-Innovations does not take responsibility for the overall security of servers.
Network Outages or Unscheduled downtime
Is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by GM-Innovations. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Is any GM-Innovations scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post.
GM-Innovations will refund the customer 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday – Friday 8AM to 5PM EST. *Network violation SLA credit does not cover server hardware failure.*
Performance Credit exclusions
The following are excluded from the monthly calculation of Service Availability:
- Scheduled downtime
- Problems outside of GM-Innovations network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network
- Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Server Hardware for Dedicated, or CO-Located Servers
Is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included for Dedicated Servers, and switches for CO-Located Servers, unless client provides their own switch.
will occur within 12 hours of the reported problem, GM-Innovations will refund 5% of the monthly fee per additional 6 hours of down time (up to 100% of customer's monthly fee). In order to reduce replacement hardware downtime, we keep a small quantity of pre-built systems on hand to swap out Hard disks, so that your server can be back up in the shortest amount of time. For Hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment, but Cpanel must always be loaded after deployment (part of its validation process) and so will slightly delay the process. In order to request an SLA hardware violation credit, you must E-mail us within 10 days of reported violation. SLA violations will be reviewed by our personnel Monday - Friday 8AM to 5PM EST. *Hardware SLA violations do not cover network violation*
Performance Credit exclusions
The following are excluded from the monthly calculation of Service Availability:
- Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures.
Is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, GM-Innovations will restore the system to original state.
If the server is compromised and a NEW OS and/or Cpanel reinstall must be performed for security reasons GM-Innovations will charge a $75 fee to restore the system.
GM-Innovations is not responsible for the restoration of data to server. We strongly recommend that your purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. GM-Innovations shall not be liable for loss of data under any circumstance.
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