Hosting and Development Terms and Conditions
Terms and Conditions
Introduction
Your use of all Gallant VPS (Gallant VPS) services is governed by this Terms of Service (the "Terms of Service").
By submitting our online order form and/or utilizing the Gallant VPS services and products,
the Customer hereby agrees to the following:
This document (the "Agreement") sets forth the principles, guidelines and requirements of the
Terms of Service of Gallant VPS (the "Company") governing the use by the customer ("Customer") of Company's
services and products ("Services and Products"). The Company retains the right to modify these Terms of Service
at any time. Any such modification shall be automatically effective as to all customers when adopted by Company
and published at http://www.gallantvps.com/terms-and-conditions. The Company shall be the sole and
final arbiter as the interpretation of the following. By utilizing the Company's services and products,
the Customer agrees to be bound by the terms herein outlined.
1. Service Fees and Billing:
1.1 - Customer agrees to pay all charges, fees and other amounts due under this Agreement in US dollars.
1.2 - Customer agrees to pay for all hosting services as agreed upon in Agreement.
1.3 - Non-payment of service fees will result in suspension followed by termination of service.
2. Compliance with the Law:
Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which,
in the sole judgment of the Company
(i) is in violation of any local, state, federal or non-United States law or regulation,
(ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual,
group or entity (collectively, "Persons") or
(iii) violates the rights of any person, including rights
protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations
including, but not limited to, the installation or distribution of "pirated" or other software products that
are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless
the Company from any claims resulting from the use of the services which damages the Customer or any other party.
Customer shall be responsible for determining what laws or regulations are applicable to its use of the
Services and Products.
3. Prohibited Uses of Services and Products:
In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in the Company's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact the Company as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.
3.1. General:
3.1.1. Violations of the rights of any Person protected by copyright, trade secret, patent or
other intellectual property or similar laws or regulations, including, but not limited to,
the installation or distribution of "pirated" or other software products that are not appropriately licensed
for use by Customer.
3.1.2. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise,
in its use or enjoyment of any of the Company's Services or Products.
3.2. System and Network:
3.2.1. Introduction of malicious programs into the Company's network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include,
but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or
account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2.,
"disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.
3.2.4. Circumventing user authentication or security of any host, network or account.
3.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with,
or to disable, a user's terminal session, via any means, locally or via the Internet.
3.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means
involving software, programming or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting,
or other actions which have the effect of complicating the normal operational procedures of the Company,
including but not limited to altering, removing or in any way modifying or tampering with Company created log files.
3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on the Company or
negatively impact its operations.
3.2.10. Any action which the Company deems to be an unacceptable use of resources, business practice or
otherwise unacceptable to the Company.
3.3. Billing:
3.3.1. Furnishing false or incorrect data on the order form, contract or online application,
including fraudulent use of credit card numbers.
3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time,
bandwidth utilization, or other methods to document "use" of the Company's Services and Products.
3.4. Mail:
3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or
other advertising material to individuals who did not specifically request such material,
who were not previous customers of Customer or with whom Customer does not have an existing business relationship
("email spam").
3.4.2. Sending UCE referencing an email address for any domain hosted by the Company.
3.4.3. Sending UCE referencing a domain hosted by the Company.
3.4.4. Sending UCE referencing an IP address hosted by the Company.
3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address
hosted by the Company, a domain hosted by the Company, an IP address belonging to the Company.
3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address other than that of the poster's account or
service with the intent to harass or to collect replies.
3.4.10. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
3.4.11. Use of unsolicited email originating from within the Company's network or networks of other
Internet Service Providers on behalf of, or to advertise, any service hosted by the Company, or
connected via the Company's network.
3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
3.4.13. Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE
that is reported to the Company and faces immediate account suspension and/or termination, as well as further penalties.
3.5. Customer Support:
3.5.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the Company, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.
4. Indemnification of Provider/Relationship of Parties:
4.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense,
including reasonable attorney fees and costs of defense, for any matter arising from or relating to
Customer's Website or any other material hosted by the customer on the Company's servers or services as provided hereunder.
4.2. Nothing contained herein shall be deemed to create a relationship between the Company and Customer in the
nature of a partnership, joint venture, editor publisher or otherwise. Both parties acknowledge and agree that
the Company has no interaction with the data or substance of Customer's Website, except as necessary to maintain service.
4.3. The Customer agrees to indemnify and hold harmless the Company, its subsidiaries, affiliates and
each of their respective officers, employees, and/or agents (each an "Indemnified Party") against any losses, claims,
liabilities, damages, judgments, penalties, actions, proceedings, or any and all costs thereof ("Losses")
to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement,
the Customers use of the Products and Services, breach of any confidentiality obligation or any
alleged infringement of any trademark, copyright, patent or other intellectual property right and
will reimburse the Indemnified Party for all legal and other expenses, including reasonable attorney fees
incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss,
whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
5. Security/Software:
5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.
5.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of the Company.
5.3. Customer agrees to maintain Customers computing equipment responsibly, including running virus software.
5.4. Customer acknowledges that the Company cannot provide technical support for any software and/or script
that the Customer installs, other than variable name changes. The Company supplies technical support for
VPS hosting issues only. The Company shall be the sole arbiter as to what constitutes a "VPS hosting " issue.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1. Limitations - IN NO EVENT SHALL GALLANT VPS, IT'S SUBSIDIARIES, AFFILIATES , OR OFFICERS HAVE ANY
LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED
TO THE COMPANY, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. THE COMPANY SHALL HAVE
NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL,
OR PUNITIVE DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT,
THE LIABILITY OF THE COMPANY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE
AMOUNT ACTUALLY PAID TO THE COMPANY BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING
THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY THE COMPANY UNDER THIS AGREEMENT HAVE BEEN
AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE THE COMPANY FROM ANY
AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.
6.2. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.3. Interruption of Service - You hereby acknowledge and agree that the Company will not be liable
for any temporary delay, outages or interruptions of the Services. Further, the Company shall not be liable
for any delay or failure to perform its obligations under this Agreement, where such delay or failure results
from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical,
electronic, communications or third-party supplier failure).
6.4. Maintenance - You hereby acknowledge and agree that the Company reserves the right to temporarily
suspend services for the purposes of maintaining, repairing, or upgrading its systems and network.
The Company will use best efforts to notify you of pending maintenance however at no time is under
any obligation to inform you of such maintenance.
6.5. Backups and Data Loss - Your use of the Company's servers and services is at your sole risk.
The Company is not responsible for files and/or data residing on your VPS Server.
While complimentary backups may be provided by the Company, You, the Customer agree to take
full responsibility for files and data transferred to/from and maintained on your VPS server and agree that
it is your own (the Customer's) responsibility to take backups of data residing on your VPS server.
7. Violation:
Any attempt to undermine or cause harm to the Company servers or another customer's web presence or service availability is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; the Company reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
8. Confidentiality:
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access
to certain products, information and materials relating to the other party's business, which may include
business plans, customers, software technology, and marketing plans that are confidential and of
substantial value to either party, respectively, and which value would be impaired if such information
were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not
use in any way for its own account or for the account of any third party, nor disclose to any third part,
any such information revealed to it by either party, as the case may be.
The Customer and the Company further agrees that each will take every appropriate precaution to protect
the confidentiality of such information. In the vent of termination of this agreement, there shall be no use
or disclosure by either party of any such confidential information in its possession, and all confidential documents
shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the
termination of the agreement for any reason. Upon any breach or threatened breach of this section,
either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
9. Refusal of Service and Termination:
9.1. The Company reserves the right to refuse or cancel service in its sole discretion with no refunds.
9.2. If any of these Terms of Service are failed to be followed it will result in grounds for
immediate account deactivation.
10. Forex (Foreign Currency Exchange) Trading Activities:
10.1. Risk Disclosure - Trading foreign exchange carries a high level of risk,
and may not be suitable for all investors. The high degree of leverage can work against you as well as for you.
Before deciding to invest in foreign exchange you should carefully consider your investment objectives,
level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or
all of your initial investment and therefore you should not invest money that you cannot afford to lose.
You should be aware of all the risks associated with foreign exchange trading, and seek advice from an
independent financial advisor if you have any doubts.
10.2. Internet/VPS Trading Risks- There are risks associated with utilizing an Internet/VPS-based deal execution
trading system including, but not limited to, hardware malfunction, software failure, and Internet connection problems.
While the Company (Gallant VPS) will strive to maintain a consistent connection and uptime,
the Customer agrees to hold harmless the Company, it's employees, agents, resellers and providers
for any disruptions or subsequent losses resulting there from.
