This Web Hosting Agreement is between Graficonet LLC and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Last Update 6- 10 -2013
Violation of Graficonet Internet's Terms Of Service will be considered immediate grounds for termination of services and will waive the refund policy.
Terms and Conditions
This Services Agreement contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Graficonet. As used in this Agreement, "Graficonet" means Graficonet, and "Client", "you", or "your" means you.
By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Graficonet.net site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Graficonet" refers to the Site located at the URL http://www.Graficonet.net, or any other successor Sites owned or maintained by Graficonet.net.
VIOLATION OF ANY SECTION OF THESE TERMS IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES CUSTOMER RECEIVES FROM Graficonet.net.
Newsletter, Annoucement and Promotional Offer
By registering with Graficonet LLC you agree to receive Newsletters, Annoucements and Promotional Offers, from us by email from time to time.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
1. ORDER VALIDITY
Client certifies that the information provided in the order form is accurate, and any payment instrument used is legitimate. You may only signup using your own personal details, signing up with somebody else's or invalid details with or with out their consent will resolve in account termination and no refund in this case.
*If we have any doubt of the information you have entered during the signup/Order you agree to provide a valid color scan of your ID with a billing utility where your name and address is clearly stated.
*Order and signup trough a proxy (to hide your real location / IP) will be marked as fraud (no refund in this case).
*Any fraud identity will resolve in account suspension/termination (no refund in this case).
In the event that an order is submitted with stolen data or falsified contact information, client agrees to pay a $500 account handling fee PLUS all legal and investigative fees incurred by Graficonet in tracking client's IP address to their internet provider and subsequent prosecution under civil and / or criminal law.
Graficonet takes fraud very seriously, and reports all instances to the authorities..
2. APPROPRIATE USE OF THE SERVICES
Graficonet provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
2.1 Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Graficonet.net server in connection with Client's use of the Services. Disallowed content includes but is not limited to:
*warez,torrent/torrent tracker,child porn,or illegal scripts.
*Pirated software, pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ROMs, and ROM emulators)
*Hacker focused sites/archives/programs.
*Pornography and sex-related merchandising. *trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person.
*Schemes to defraud.
*HYIP site (High-Yield Interest Programs or Related Sites).
*Threatening bodily harm or damage to individuals or groups.
*Violating U.S. export restrictions.
*Spamming - (sending unsolicited advertising to those with which the customer has no existing business relationship, posting off-topic advertising in newsgroups).
*hacker focused sites/archives/programs, or sites promoting illegal activities.
*IP Scanners, Brute Force Programs/Scripts/Applications.
*Trading with securities, bonds.
*Debentures, Bank Debenture Trading Programs.
*Escrow / Prime Banks Programs / Online/Offline Banking.
*File Dump/Mirror Scripts (similar to rapidshare).
*Investment Sites (FOREX, Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme).
*Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
*commercial audio streaming (more than one or two streams).
*shipping company : Due to the high risk and multiple scam and fake shipping website you must provide the requested document : Legal company agreement, A scan of a valid ID, proof of address (billing utility).
*Pharmacy, prescription drugs, steroids.
*Image Hosting Scripts (similar to Photobucket or Tinypic).
*Banner-Ad services (commercial banner ad rotation).
*Spoofing (using a return email address which is not the valid reply address of the sender or sending an email message which does not contain enough information to enable the recipient to identify the party who is really sending the message.
*Trolling (posting controversial messages in newsgroups to generate responses).
*Mail Bombers/Spam Scripts (inundating a user with email without any serious intent to correspond).
*Subscribing someone else to an electronic mailing list without that person's permission.
*Distribution of mass emailing programs.
*Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached networkv *Attempt to circumvent any user authentication or security of host, network, or account.
*Accessing data not intended for user.
*Probing the security of any network.
*Promulgation of viruses.
*IRC script / bots.
*Proxy Scripts / Anonymizer.
*Violating other state or federal laws, including the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.
*Or linking to websites of the above nature.
*HYIP / Forex Site:
Hyip Site is TOLERATED only in ( Basic+, Classic+ & Gold+ plan) as long as the account will not violate any standards or engage in any activity that is deemed illegal within the United States of America.
*We still wont be able to provide any guarantees, in case of official complaints, we'll have to shutdown your website. If there wont be any, site will be active without any problems. You may move away anytime, backup can be provided.(no refund in this case).
Note: hiyp site is the regular target of DDoS attack, if we cant stop this attack we have to suspend this site, (no refund in this case).
*You can understand "a server with a special DDoS protection" coast between $1500/1800 by month, so you can't have this kind of hosting for $12 by month.
2.2 Data Transfer (Bandwidth)
Client may occupy only the amount of disk space on the Graficonet Server and utilize no more than the network bandwidth that is allotted by Graficonet.net. Additional fees, specified on the Hosting upgrade page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. NOTE: The bandwidth numbers available in the control panel only account for web, POP E-Mail and FTP bandwidth. If you are using excessive SMTP, SSL or sendmail traffic, your bandwidth numbers can be higher.
2.3 CPU resources
Client may not use excessive CPU resources. This ensures a fast server environment, and an equitable share of server function for all clients. Any script, streaming media, or downloads that use exceptionally high server resources (such as constant and extended mail server use) may have to be removed unless suitable arrangements are made with Graficonet.net. While we will make every effort to work with the Client, Graficonet.net reserves the right to immediately terminate any process and / or account that compromises the server's ability to deliver content for our clients.
User may not :.
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
h) Run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yurdomain.com/include.php") use include("include.php")
Client may NOT resell space for shared account. Each account is for the sole use of the Client. Evidence that space or account is being resold will be suspended and may be grounds for termination.
2.5 Email Policy Limits Zero Tolerance Spam Policy
Email Spam. Graficonet.net has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Company whether or not the message actually originated from our network.
Block Removal: If Customer actions have caused Graficonet.net mail servers or Graficonet.net IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, Customer will be assessed a $100 charge to Customer account and $100 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Drop-Box Accounts: Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
Header Forgery: Forgery of email headers (.spoofing.) is prohibited.
Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Graficonet.net upon request. If positive and verifiable proof of opt-in cannot beprovided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
Mailing Lists: Graficonet.net's mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must allow for automatic removal by all end Customers with non-distribution in the future. The list must also include an anti spam text and an unsubscribe link at the TOP of every list send out.
2.6.1 Email Limits
There is a 300 hourly email limit per domain this limit is also applied towards mailman. If you send over this amount in any hour most of the e-mails will bounce back with a undeliverable error.
Many of our servers have a 60 pop checks per hour limit per e-mail address. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. to prevent this from happening again make sure to disable auto checking or at least set it to something higher such as 10 minutes.
Any mailing list larger than 5,000 will require a semi dedicated or dedicated hosting solution from us. Note: dividing one large list into smaller lists to get below this limit is not allowed.
2.6.2 Mailing Lists Rules
1. Anytime you're sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you're using does not allow you to throttle you must switch to something else.
We recommend phplist which can be found in your control panel under fantastico. If you do not throttle and you try sending let's say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.
2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am - 8 am eastern time M-F.
3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. We do not care how you justify it. This is spam and will result in termination of the offending account.
4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.
5. Any mailling list MUST comply with all guidelines set forth by the United States.
These can be found at: http://www.ftc.gov/bcp/conline/pubs/buspubs/canspam.htm.
6. No Direct SMTP mailers are allowed. An example of this is DarkMailer. Any mail should be relayed through the local MTA (localhost:25) for further delivery by the server and not done directly by scripts.
2.7 Child Pornography
Graficonet.net will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography.
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 year 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 should be reported to the U.S. Customs Agency at 1-800-BEALERT.
2.8 Licensed Software Only
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
2.9 Back-Up Files
No backups are made . It is the clients' responsibility to maintain local copies of their web content and information. The "Backup" feature is included in CPanel and client can use this tool to back up their files. Graficonet.net can attempt to recover the data from the most recent archive.
Graficonet.net reserves the right to refuse service to anyone. Graficonet.net, in its sole discretion, may immediately suspend any account and/or terminate this Agreement if Client engages in any of the foregoing or is in any way promoting any such activities.
To report any unacceptable behavior by a third party using the Services, please contact abuse@Graficonet.net.
Accounts terminated for violating these terms will not be eligible for any refunds.
Clients account will be terminated if payment has not been made within thirty (30) after the account has expired.
3. PAYMENT OBLIGATIONS
In order to provide the best possible hosting value for our clients, we require clients to make timely payments. Graficonet.net will send out an invoice seven (15) days before payment date, the client must pay the invoice within (3) days or the account will be suspended.
3.1 Service Fees
Graficonet.net may apply a $10 reactivation fee for any account that has been suspended for non-payment. Graficonet.net shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Graficonet.net.
4. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Graficonet.net be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Graficonet.net from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth thereunder.
5. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement. Sections 3-10 of this agreement shall survive termination or expiration of this Agreement. Reinstatement of accounts terminated by Graficonet.net will be at Graficonet.net sole discretion.
*Violating these terms will result in account termination.
*Any abuse of our staff will result in the suspension or termination of your services.
5.1 Refunds ; Money back guarantee
Accounts cancelled under our money back guarantee seven (7) days of the time we setup access to your service are subject to a full refund.
If you have violated our Terms of Service and/or Acceptable Use Policy, the money back guarantee no longer applies to you.
If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded. Customers have 7 days to request a refund regardless of how many days, weeks, months or years you have paid for.
You must allow up to 30 days for credit and refunds to be processed and applied to your account.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
*PerfectMoney *Western Union *Pecunix *OkPay
Domains trade - Refunds ; Money back guarantee (not applicable for PerfectMoney ; other e-currencies payment)
*Should you contact Graficonet within 24H you will receive a full refund of the purchase domain price
Dedicated Server- Refunds ; Money back guarantee (not applicable)
*Unfortunately There is no Moneyback for Dedicated Server Per our Provider Policy.
Client will pay and indemnify and hold Graficonet.net harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
8. DISCLAIMER OF WARRANTY
THE SERVICES, THE Graficonet.net' SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THEGraficonet.net' SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Graficonet.net DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Graficonet.net SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL Graficonet.net BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Graficonet.net SITE OR ANY Graficonet.net PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED THEREUNDER.
Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below.
10.2 Client contact info
Client agrees to keep Graficonet.net updated on address or telephone changes, and maintain an accurate contact E-Mail address outside of client's domain.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken thereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Graficonet.net. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right here under, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it.s conflict of law rules. This Agreement and Graficonet.net. policies are subject to change by Graficonet.net without notice. A copy of the most recent Agreement will be available on the Graficonet.net Site. Continued usage of the Services after a change to this Agreement by Graficonet.net or after a new policy is implemented and posted on the Graficonet.net' Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Graficonet.net' Site for any changes or additions.
Graficonet.net is the sole owner of the information collected on this Web site. We only gather information we need to serve you better and will not - without your consent, - sell, share, or rent this information to others in ways different from what is disclosed in this statement except in cases where in good faith we believe that the law requires us to do so, it is necessary to protect Graficonet.net's rights and/or property, or if circumstances necessitate acting to protect the personal safety of staff or of the public.