GABRIEL WEB HOSTING AND DESIGNS
HOSTING TERMS TERMS AND CONDITIONS

 

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Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $1000.00 US. A user shall not use another site's mail server to relay mail without the express permission of the site. Last Day Warriors will be the sole arbiter as to what constitutes a violation of these provisions.

Conditions for Changing/Transferring a Domain Registrar

• No outstanding bills or payments to original registrar

• Domain must be older than 60 days

• If the domain name is scheduled to be renewed in less than 60 days, transfers will be denied

Registration
1.a. Domain Fees
As consideration for the domain name registration services provided by Last Day Warriors, you shall pay all applicable initial registration fees and renewal fees. We register your new domain and you agree to pay us for the first 1st year of use upon registration and then you agree to pay the annual renewal fee per year after that for every year that you use the domain. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals or if you have the charges reversed on your credit card after ordering the domain (even though you ordered it),  the ownership of the domain will transfer to Gabriel Associates, Last Day Warriors.  You agree that Last Day Warriors shall have no liability whatsoever with respect to any such cancellation, and that Last Day Warriors may cancel or reassign the domain name in the event of any delinquency. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable.  Once the domain is ordered, we can not get your money back if you change your mind or if you provided us with a "misspelled" domain name in error or register a vulgar or lewd domain name.

Clients that host their domain name will us will receive the member fee rate of $21. If you do not host your domain name with us, you will be required to pay the premium registration and renewal rate.

To complete the registration process, you must read and agree to to all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by Last Day Warriors . You acknowledge that Last Day Warriors may modify this Agreement if necessary to comply with its Agreement with the registrar, or for any  other business purpose.

1.b. Hosting Fees
Your account will be billed each month for the services that you have requested. If you have paid online by credit card or an online check, then your account will be billed automatically once a month.

2. Dispute Policy
In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current  Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold Last Day Warriors harmless.

 3. Domain Management
Domain names that are registered through Last Day Warriors are managed by Last Day Warriors. Please contact us for dns changes, EEP codes as well as any other information regarding your domain name. Transfers will be approved if the domain name is older than 60 days, and if the Client has no outstanding fees due to this company. (If the domain name is scheduled to be renewed in less than 60 days, transfers will be denied.)

4. Use Policies
Last Day Warriors reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

 5. Agents and Licenses
 You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

 You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

 6. Limitation of Liability
 YOU AGREE THAT Last Day Warriors WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Last Day Warriors REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Last Day Warriors ; (e) EVENTS BEYOND Last Day Warriors 's CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, Hosting Warriors/Last Day Warriors WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Last Day Warriors HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Last Day Warriors 'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Last Day Warriors FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

8. Representations and Warranties
 You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Last Day Warriors makes no representation or warranties of any kind in connection with this Agreement. Last Day Warriors does not represent or warrant that registration of your domain name will immunize you from  challenges to your domain name.

 9. Breach and Revocation
 Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Last Day Warriors . If you fail to cure the breach, Last Day Warriors may revoke your registration of the domain name.

You also agree that Last Day Warriors shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Last Day Warriors receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Last Day Warriors to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Last Day Warriors of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

System and Network Security
Violations of the Last Day Warriors system or network security are prohibited, and may result in criminal and civil liability. Last Day Warriors will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

• Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network.

• Interference with service to any user including, but not limited to, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

Last Day Warriors reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Age
The client must be 18 years of age to obtain our service.

Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Hosting Warriors / Last Day Warriors is strictly prohibited.

Newsgroups
Posting the same or similar message to one or more news groups (excessive cross-posting or multiple-posting, also known as "SPAM") is explicitly prohibited.

• If you abuse our services, we reserve the right to cancel your account which will also cancel your customers accounts.  Please do not spam to get business, please do not promise things to your customer that you cannot provide.

IP numbers
Last Day Warriors maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site, though)

Indemnity
You agree to defend, indemnify and hold harmless Last Day Warriors and any applicable domain name registry, including Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to  your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.  We do not own your domain name nor do we want to (unless you do not pay for it and we have to transfer the ownership to us - see the section on domain registration above) and we do not claim ownership of your content.  It is completely yours.  All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

Limitation of Liability
Last Day Warriors shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Last Day Warriors 's servers going off-line or being unavailable for any reason whatsoever. Further, Last Day Warriors shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Last Day Warriors 's servers. All damages shall be limited to the immediate termination of your service.  Last Day Warriors will not be held responsible for any problems that a reseller's customer may have.  We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your  inability to use our  mail service; or (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or reregistration fee

Refusal of Service
Last Day Warriors shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Last Day Warriors reserves the right to terminate any account at any time and for any reason. Last Day Warriors reserves the right to delete all content and files upon termination. Last Day Warriors reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Last Day Warriors reserves the right to refuse, cancel, or suspend service at our sole discretion.

In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Last Day Warriors may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Last Day Warriors as reflected in the original provision.

This Agreement and all rights hereunder shall be governed by the laws of the State of Ohio. Any action relating to this Agreement or to your use of the Last Day Warriors site shall be brought exclusively in the courts of Ohio in the USA.

Last Day Warriors reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.

This Agreement, the Last Day Warriors fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Last Day Warriors , and supersede and govern all prior proposals, agreements, or other communications.

All Sub-Networks and distributive hosting sites of Last Day Warriors must adhere to the above policies.

Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to Admin@Last Day Warriors . com

Failure to follow any term or condition will be grounds for immediate site shut down.

You may contact us with any comments, questions, ideas, etc. at:

Gabriel Associates, LLC.
Web Hosting and Design Division
7215 Taylorsville Rd.
Huber Hts, OH 45424

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