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Text of the page (random words):
rvices it provides neither greengeeks nor anyone else involved in the provision of service is liable to you or any third party for direct or indirect damages resulting from the use non use of services provided herein whether or not such damages resulted from the negligence of greengeeks even if greengeeks has been advised to the possibility of such damages limitation of liability in no event shall greengeeks be liable for any indirect incidental punitive or other consequential damages including without limitation lost profits and damages related to corruption or deletion of website contents email data and or database contents arising out of or in relation to this agreement or your use or inability to use greengeeks services including but not limited to inoperability of greengeeks servers regardless of the form of action whether in contract tort including negligence or otherwise even if greengeeks has been advised of the possibility of such damages in no event shall greengeeks maximum liability exceed the total amount paid by you to greengeeks for the services during the prior twelve 12 months to the extent applicable local law does not allow the limitation of liability for consequential or incidental damages greengeeks liability is limited to the extent permitted by law indemnification you agree to indemnify defend and hold greengeeks and its affiliates directors officers employees and agents harmless from and against any liabilities losses damages or costs including reasonable attorneys fees resulting from any third party claim action dispute or demand related to your use of the services your violation of any of the provisions of this agreement or from your placement or transmission of any materials or content onto greengeeks servers such liabilities may include but are not limited to those arising from the following a with respect to your business i infringement or misappropriation of any intellectual property rights ii defamation libel slander obscenity pornography or violation of the rights of privacy or publicity or iii spamming or any other offensive harassing or illegal conduct or violation of the acceptable uses described herein or anti spam policy b any damage or destruction to greengeeks equipment or to any other account holder which damage is caused by or otherwise results from acts or omissions by you your representative s or your designees c any personal injury or property damage arising out of your activities related to the services unless such injury or property damage is caused solely by greengeeks gross negligence or willful misconduct and d any other damage arising from your equipment or your business choice of law this agreement shall be interpreted under the laws of the state of delaware without regard to any conflict of laws provisions any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the superior court of the state of delaware the parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue services provided by greengeeks greengeeks will provide internet server rental the service to its members for the express purpose of allowing customers to provide http internet content to the general public the service allows greengeeks members to maintain internet websites receive and maintain e mail accounts and access web space via ftp to upload files for their websites greengeeks members will use the provided services in a manner consistent with any and all applicable laws greengeeks 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 greengeeks reserves the right to refuse service to potential and or existing customers to protect its existing paying customers if any of the below violates are committed greengeeks can terminate client s account without notification greengeeks com provides timely website hosting support to our clients through emails chat and phones by accepting your client contract agreement with greengeeks com you agree not to abuse whether verbally or physically or whether in person via email live chat or telephone or otherwise a any other customer of greengeeks com and any employee or contractor of greengeeks com greengeeks will send e mails from time to time regarding your account special offers and promotions you may unsubscribe to these e mails at any time by following the instructions at the bottom of those e mails client content client agrees that web pages and files uploaded to servers will not violate any state national or foreign laws or regulations infringe on any intellectual property rights of greengeeks or any third party be defamatory slanderous or trade libellous be threatening or harassing be discriminatory based on gender race age promote hate or contain viruses or other computer programming defects which result in damage to greengeeks or any third party customers may not run irc bots or clients clients may not use greengeeks servers for file storage unrelated to the client s website storage space is for active website file pages only greengeeks shared hosting account holders may not act as a reseller which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at greengeeks you will need to opt in for our reseller hosting service unacceptable uses also include but not limited to bulk unsolicited emailing unsolicited e mailings newsgroup spamming child pornography hardcore pornography or links to such sites copyrighted mp3 copyrighted music copyrighted video illegal content copyright infringement trademark infringement warez torrents torrent files cracks software serial numbers proxy ies and image file sharing websites greengeeks will be the sole and final arbiter as to what constitutes a violation of this policy greengeeks does not normally monitor the contents of clients servers however if suspicion occurs greengeeks reserves the right to investigate and terminate the clients subscription to the service unlimited features what do you mean by unlimited disk space and bandwidth data transfer we do not set limits on the disk space and bandwidth data transfer that we provide in plans that are marked unlimited we want you to have the resources available to you to build a great online presence even though we want you to succeed we need to ensure that we re providing all of our customers with optimum service as such we do require all of our customers to be fully compliant with our excessive resource user policy terms of service and utilize disk space and bandwidth related to normal operation of a personal or small business website if a customer s hosting account is found to have violated the client content excessive resource user policy and or is storing files for archiving purposes the contents will be removed and while we make best effort to contact customers beforehand can occur without notice excessive resource user policy resources are defined as disk space bandwidth and or computing resources cpu memory disk i o of files inodes utilization greengeeks offers a shared hosting service in which environment customers may share resources with other customers therefore it is imperative that greengeeks control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources a hosting account is considered using excessive amounts of resources when it consumes 100 of the allocated resources on the subscribed hosting plan and or subscribed scalable resource add on s known as computing resources and or resources and or resource usage there are numerous issues that could cause such problems including but not limited to cgi scripts ftp http etc to prevent service disruption for other customers a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused greengeeks will make every reasonable effort to notify customer prior to suspension however greengeeks may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was is caused the customer whom is using excessive resources may be asked to upgrade his her package to a more suitable hosting package such as but not limited to a premium account virtual private server or dedicated server greengeeks will be the sole and final arbitrator as to what constitutes as a violation of this policy customers have access to their resource usage within their control panel no spam uce ube or spam originating from a server located on our network or associated with a greengeeks server is not tolerated this includes any e mail that promotes websites hosted on a server located on the greengeeks network but is sent from an e mail address not associated with that greengeeks account client shall not use their greengeeks services for chain letters junk mail bulk email or any use of distribution lists to any person who has not given specific permission to be included in such a process greengeeks reserves the right to deactivate or terminate any account s upon any indication of such activity without notice excessive exploits greengeeks allows 3rd party scripts to be uploaded installed from our auto installer or manually those scripts that are aren t included in the auto installer on your web hosting account it is the responsibility of our web hosting clients to maintain the latest exploit free version of the scripts if a script that our web hosting clients uploads to our servers is found to have security lapses and allows a third party to hack exploit deface their site s it is the responsibility of our clients to either remove that script or greengeeks com and greenresellerwebhosting com reserves the right to terminate that clients account and provide them with a prorated refund false information customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations if any newsgroups or service provider contact greengeeks concerning unethical false or unlawful activities by you greengeeks reserve the right to suspend or terminate your service with or without notice licensed software only client agrees to use only properly licensed third party software in connection with client s use of the services backup files greengeeks provides the tools needed to create backups of account data greengeeks also backs up its hosting platform and retains a copy for 24 hours for disaster recovery purposes only it is the responsibility of the customer to keep up to date archives of their backed up data greengeeks does not provide or keep records or copies of our clients website files for customer use and is not responsible for any loss of data including but not limited to hardware failure backup failure hacking or accidental deletion greengeeks does not offer backup of virtual private servers and or dedicated servers website migrations the greengeeks migration department will make a good faith effort to help you move your website to us all websites migrated by greengeeks are provided as a courtesy service we do not make any guarantees regarding the availability possibility or time required to complete a migration as each hosting company is configured differently and some hosting platforms save data in an incompatible or proprietary format this may make it extremely difficult if not impossible to migrate some or all account data in some cases we may not be able to assist you in a transfer of data from an old host and there may be cases where websites cannot be transferred from another host without additional configuration outside of what greengeeks can provide greengeeks makes no guarantee of any successful migration due to such factors and reserves the right to refuse or cancel any migration request at any time at its sole discretion including the denial of migrations of any content that may potentially violate our policies all website migration requests must be submitted from within your greengeeks account using our site migration request additional information about migration limitations can be found in our migration policy completing a website migration request requires greengeeks to access your previous hosting providers interface using your provided username and password by submitting a website migration request you grant greengeeks full authorization to access your previous hosting provider website files databases and emails to complete your request greengeeks cannot under any circumstances make any changes at your previous provider including dns nameserver changes customers needing assistance updating their dns are encouraged to contact their current domain registrar or to utilize our domain transfer service to manage their domain s along with their hosting services you can request a domain transfer to greengeeks from within your greengeeks account the free transfer service is available for thirty 30 days from your initial sign up date website migrations outside of the thirty 30 day period will incur a charge based on our rates as outlined in our migration policy to receive a price quote for any migration please open a new migration request within your greengeeks account greengeeks also reserves the right at its sole discretion to assess any applicable migration or administrative fees prior to performing any migration upon confirmation of any fees greengeeks reserves the right to automatically charge your credit card on file for any completed migration regardless of website functionality all migration fees are final and non refundable in no event shall greengeeks be held liable for any lost or missing data or files resulting from a transfer to or from greengeeks or during any migration request you are solely responsible for backing up your data in all circumstances and should not rely on our internal backups for such purposes technical support services except as described otherwise stated below greengeeks will provide technical support via ticket chat and phone for the services technical support services you will be required to provide as much information as possible to aid our investigation into any issues or problems by utilizing greengeeks s technical support services you grant greengeeks permission to access your account if necessary to resolve your issue you agree that greengeeks and its agents and employees are not liable for any damage resulting from the provision of customer support ineligibility for technical support services greengeeks will not provide technical support services if a you are in breach of this agreement b the need for technical support services is due to i any 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