GCC-Hosting.com Web Services

Acceptable Use Policy

GCC-Hosting.com Acceptable Use Policy (AUP) details acceptable conduct and some prohibited uses of GCC-Hosting.com hosting services.

This AUP is not exhaustive and GCC-Hosting.com reserves the right to modify this AUP at any time, effective upon e-mailed notification of customers. By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as GCC-Hosting.com deems appropriate.

Server Abuse

GCC-Hosting.com prohibits any activity which may be deemed as server abuse. GCC-Hosting.com defines the following as server abuse:
- Any attempt to compromise or cause harm to a server, or customer, of GCC-Hosting.com is strictly prohibited.
- Unauthorized use of other people's accounts or computers without the owner's authorization. Such attempts include social engineering (deceiving other customers into releasing their passwords), password robbery, port scanning etc.
- Any unauthorized use of accounts or computers by a GCC-Hosting.com customer, whether or not the attacked account or computer belongs to GCC-Hosting.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, dependent upon the severity of the infraction.

IMPORTANT NOTE - GCC-Hosting.com has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined above.

Unacceptable usage of Services include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by GCC-Hosting.com to be unacceptable use of GCC-Hosting.com Hosting's services including abuse of server resources.

All hosting accounts may be terminated that include the following content or which have links to the following content:

Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
Displaying material that exploits children under 18 years of age.
Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Exporting encryption software over the Internet or otherwise, to points outside the United States in violation of United States Export laws.
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software. Any account that is deactivated by the abuse team will be charged reactivation fees of $250 per incident.
This fee will only be waived if it is determined by the abuse team that the account was disabled without cause.

Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. GCC-Hosting.com takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

Unsolicited bulk or commercial messages (spam). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (mail bombing).
Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Spamming, or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.

Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through GCC-Hosting.com (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

Penalty: GCC-Hosting.com reserves the right to fine customer $100.00 PER SPAM message sent through our network.

Child Pornography
Our policy on child pornography is zero tolerance. GCC-Hosting.com will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for content contained on their servers within the GCC-Hosting.com network, and will be liable for illegal material posted by their clients.

According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.

Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

IRC
Dedicated IRC servers, without prior written permission, are not allowed on GCC-Hosting.com network. Anyone found to be in violation of this policy risks immediate account termination.

Excessive Use/Overages
If customer exceeds allocated bandwidth, GCC-Hosting.com may, in its sole discretion, assess customer with additional charges as outlined in customer agreement.

Payment Policies
Setup fees charged for any new accounts and major account changes are non-refundable. All pricing is guaranteed for the term of customer's contract. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies GCC-Hosting.com to request termination of services. All payment is in U.S. currency.

GCC-Hosting.com will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All GCC-Hosting.com accounts are setup on anniversary billing cycles unless otherwise specified in your contract. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Any account that is not brought current prior to deactivation will be charged a $100.00 reactivation fee as well as a $15.00 late charge. In addition, if your credit card declines for any reason GCC-Hosting.com will charge your account an additional $10.00 service charge every time your card is declined. GCC-Hosting.com may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of GCC-Hosting.com) shall be paid by Customer.

Cancellation
GCC-Hosting.com reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by GCC-Hosting.com if GCC-Hosting.com institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).

All of GCC-Hosting.com services are backed by a 30 day money back guarantee (*see restrictions below). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. Customer must notify GCC-Hosting.com within the first 30 days following activation to request refund. No refund is available after the 30th day.

A cancellation notice must be submitted in writing 30 days in advance. Once the written cancellation notice has been received, you will be contacted via email regarding any restrictions or final obligations owed on your contract.

Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 9 a.m. - 6 p.m. CST on Monday-Friday. No cancellations are processed on holidays or weekends.

Liability and Obligations on Cancellation

If the Agreement expires or is cancelled for any reason, GCC-Hosting.com is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, GCC-Hosting.com will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to GCC-Hosting.com under this Agreement.

IP Address Overlap
GCC-Hosting.com administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by GCC-Hosting.com staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.

Material and Product Requirements

You must ensure that all material and data placed on GCC-Hosting.com equipment is in a condition that is server-ready, which is in a form requiring no additional manipulation by GCC-Hosting.com unless customer has made prior arrangement with GCC-Hosting.com. GCC-Hosting.com will make no effort to validate any of this information for content, correctness or usability. If your material is not server-ready, GCC-Hosting.com may reject this material. GCC-Hosting.com will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy GCC-Hosting.com requirements.

Intellectual Property Rights

Material accessible to you through GCC-Hosting.com services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use GCC-Hosting.com or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the GCC-Hosting.com network. If you use a domain name in connection with GCC-Hosting.com or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the GCC-Hosting.com network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. GCC-Hosting.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, GCC-Hosting.com will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting GCC-Hosting.com or any of its other customers.

Electronic Commerce

Customer remains solely responsible for the development, operation and maintenance of customer's online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and ? ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

IP Address Ownership

GCC-Hosting.com shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by GCC-Hosting.com and GCC-Hosting.com reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay GCC-Hosting.com prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the GCC-Hosting.com price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. GCC-Hosting.com reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until GCC-Hosting.com receives actual payment of the registration fee, and has confirmed Customer's registration in an email from GCC-Hosting.com to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by GCC-Hosting.com) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to GCC-Hosting.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. GCC-Hosting.com will reinstate Customer's domain name registration solely at GCC-Hosting.com discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Copyright Infringement
DIGITAL MILLENNIUM COPYRIGHT ACT

Notice and Procedure for Making Claims of Copyright Infringement<BR>
Pursuant to Title 17, United States Code, Section 512?(2), all notifications of claimed copyright infringement on the GCC-Hosting.com Hosting system or Web site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING GCC-Hosting.com THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Under Title 17, United States Code, Section 512?(3)(A), the Notification of Claimed Infringement must include the following:

Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
Statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

GCC-Hosting.com reserves the right to refuse service to anyone. Customers may only use GCC-Hosting.com servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of GCC-Hosting.com management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Cook County, Illinois, and any dispute will be litigated or arbitrated in Cook County, Illinois. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Cook County Courts. IN NO EVENT SHALL GCC-Hosting.com MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD GCC-Hosting.com HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST GCC-Hosting.com, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS GCC-Hosting.com AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH GCC-Hosting.com HOSTING'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM GCC-Hosting.com SERVER.

Disclaimer

GCC-Hosting.com WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. GCC-Hosting.com MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. GCC-Hosting.com DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY GCC-Hosting.com AND ITS EMPLOYEES. GCC-Hosting.com RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF GCC-Hosting.com MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT TERMINATION.